E-Verify Requirements in North Dakota: 2026 Employer Guide

North Dakota has no state E-Verify mandate. Participation is voluntary. All employers must comply with federal I-9 requirements.

Voluntary — No State Mandate

Researched by the I9AuditReady Research Team

Last Updated: April 2026

North Dakota E-Verify at a Glance

Requirement Level: Voluntary — No State Mandate
Applies To: No state mandate — voluntary participation only
Employee Threshold: No state mandate
Key Statute: No applicable state statute
Effective Date: No mandate in effect

Does North Dakota Require E-Verify?

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

North Dakota has no state E-Verify mandate. Participation is voluntary. All employers must comply with federal I-9 requirements.

Even without a state mandate, all North Dakota 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 North Dakota

North Dakota has no state E-Verify mandate as of 2026.
North Dakota's energy sector has grown rapidly, with oil and gas employers subject to federal I-9 requirements like all employers.
Federal contractors in North Dakota with qualifying contracts must use E-Verify under FAR 22.1803.

North Dakota E-Verify: Frequently Asked Questions

Does North Dakota require E-Verify?

No. North Dakota does not require employers to use E-Verify. Participation is voluntary. All North Dakota employers must complete Form I-9 for every new hire under federal law.

Do North Dakota energy sector employers have special I-9 requirements?

No sector-specific I-9 requirements apply to North Dakota energy companies. Federal I-9 law applies equally to all industries.

Can North Dakota employers voluntarily use E-Verify?

Yes. Any North Dakota employer may enroll in E-Verify at no cost through USCIS. Voluntary use must be applied consistently to all new hires.

What I-9 records must North Dakota employers retain?

North Dakota employers must retain I-9 forms for 3 years from the hire date or 1 year after employment ends, whichever is later. Records must be produced within 3 business days of a federal Notice of Inspection.

Nearby State Requirements

Minnesota(Public only)South Dakota(Voluntary)Montana(Public only)Wyoming(Voluntary)

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