E-Verify Requirements in Illinois: 2026 Employer Guide

Illinois has no state E-Verify mandate. The state actually has laws restricting how E-Verify may be used. Illinois employers must follow the Illinois Right to Privacy in the Workplace Act when using E-Verify.

Voluntary — No State Mandate

Researched by the I9AuditReady Research Team

Last Updated: April 2026

Illinois E-Verify at a Glance

Requirement Level: Voluntary — No State Mandate
Applies To: No state mandate — voluntary use with restrictions
Employee Threshold: No state mandate
Key Statute: 820 ILCS 55/12 (Right to Privacy in the Workplace Act)
Effective Date: No mandate in effect

Does Illinois Require E-Verify?

Illinois has no state E-Verify mandate. Employers may participate voluntarily.

Even without a state mandate, all Illinois employers must complete Form I-9 for every new hire under federal law (INA § 274A). Federal contractors with contracts over $100,000 must use E-Verify under FAR 22.1803. Employers may also voluntarily enroll in E-Verify through USCIS at no cost.

Key Facts: E-Verify in Illinois

Illinois prohibits employers from using E-Verify to pre-screen applicants before a job offer is made, under 820 ILCS 55/12.
Illinois employers who voluntarily use E-Verify must notify employees of any E-Verify Tentative Nonconfirmation (TNC) and give them an opportunity to contest it.
The Illinois Right to Privacy in the Workplace Act bars employers from using E-Verify outside of federally required procedures.

Exceptions and Exemptions

Federal contractors must use E-Verify per FAR 22.1803 regardless of state restrictions

Illinois E-Verify: Frequently Asked Questions

Does Illinois require E-Verify?

No. Illinois does not require private or public employers to use E-Verify. Illinois actually restricts E-Verify use through the Right to Privacy in the Workplace Act (820 ILCS 55/12), which prohibits pre-screening applicants with E-Verify before making a job offer.

What are the Illinois restrictions on voluntary E-Verify use?

Illinois employers who voluntarily use E-Verify cannot use it to pre-screen applicants, must follow USCIS E-Verify procedures exactly, must notify employees of any Tentative Nonconfirmation (TNC), and cannot take adverse action until the TNC process is complete.

Can Illinois employers be penalized for using E-Verify incorrectly?

Yes. The Illinois Right to Privacy in the Workplace Act imposes penalties on employers who use E-Verify in ways that violate state law, such as pre-screening applicants or refusing to allow employees to contest a TNC.

Are federal contractors in Illinois required to use E-Verify?

Yes. Federal contractors in Illinois with qualifying contracts must use E-Verify under FAR 22.1803. Federal law preempts state restrictions in this context, so federal contractors must comply with the FAR E-Verify clause.

Nearby State Requirements

Indiana(Public only)Iowa(Voluntary)Missouri(Public only)Wisconsin(Voluntary)

← View all 50 states

Are Your I-9s Audit-Ready?

E-Verify compliance starts with error-free I-9 forms. Use our free fine calculator to see your potential exposure, or start your I-9 audit today.

Calculate Fine Exposure Start My I-9 Audit