E-Verify Requirements in Tennessee: 2026 Employer Guide

Tennessee requires all employers with 50 or more employees to use E-Verify. Smaller employers must use a state-approved employment eligibility verification form. All public employers must comply regardless of size.

Mandatory — All Employers

Researched by the I9AuditReady Research Team

Last Updated: April 2026

Tennessee E-Verify at a Glance

Requirement Level: Mandatory — All Employers
Applies To: Private employers with 50+ employees; all public employers and contractors
Employee Threshold: 50+ employees
Key Statute: Tenn. Code § 50-1-703
Effective Date: January 1, 2017

Tennessee E-Verify Requirements for Employers

Tennessee law requires E-Verify for employers with 50 or more employees.

Key Facts: E-Verify in Tennessee

Tennessee requires employers with 50 or more employees to use E-Verify under Tenn. Code § 50-1-703, effective January 1, 2017.
Tennessee employers with fewer than 50 employees may satisfy the state requirement by using an alternative employment eligibility verification form approved by the Tennessee Department of Labor.
Tennessee civil penalties for E-Verify non-compliance can reach $2,500 per violation for a third or subsequent offense.

Penalties for Non-Compliance in Tennessee

Employers who fail to comply face civil penalties up to $500 per violation for a first offense, up to $1,000 per violation for a second offense, and up to $2,500 per violation for a third or subsequent offense.

Note: Federal I-9 penalties apply in addition to any state E-Verify penalties. Consulting employment counsel is advisable before responding to any state or federal enforcement action.

Exceptions and Exemptions

Employers with fewer than 50 employees may use an alternative Tennessee verification form instead of E-Verify
Seasonal agricultural workers under the H-2A visa program

Tennessee E-Verify: Frequently Asked Questions

Does Tennessee require E-Verify for small businesses?

Tennessee requires E-Verify for employers with 50 or more employees under Tenn. Code § 50-1-703. Employers with fewer than 50 employees are not required to use E-Verify but must use an alternative employment eligibility verification form approved by the Tennessee Department of Labor.

What are the penalties for not complying with Tennessee's E-Verify law?

Tennessee civil penalties are up to $500 per violation for a first offense, up to $1,000 for a second offense, and up to $2,500 for a third or subsequent offense.

When did Tennessee's E-Verify requirement take effect?

Tennessee's current E-Verify mandate took effect January 1, 2017 under Tenn. Code § 50-1-703. Earlier versions of Tennessee's law covered only employers with 6+ employees.

Do Tennessee public employers have to use E-Verify?

Yes. All Tennessee public employers — state agencies, counties, municipalities — must use E-Verify regardless of size. Government contractors must also use E-Verify.

Nearby State Requirements

Kentucky(Voluntary)Virginia(Public only)North Carolina(Mandatory)Georgia(Mandatory)

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