E-Verify Mandates: San Jose vs Santa Clara
How do e-verify mandates rules compare between San Jose, CA and Santa Clara, CA?
San Jose and Santa Clara have similar restriction levels.
San Jose, CA
Santa Clara County
Federal law does not mandate E-Verify for most private employers, and California AB-1236 (Labor Code §2814) bars cities including San Jose from requiring private employers to enroll. San Jose imposes no E-Verify mandate.
View full San Jose rules →Santa Clara, CA
Santa Clara County
California AB-1236 (Labor Code §2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. SCC and its 15 cities impose no E-Verify requirement.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| Federal mandate | Federal contractors only | Federal contractors only |
| California statute | Labor Code §2814 (AB-1236) | Labor Code §2814 (AB-1236) |
| San Jose city mandate | None; preempted by state | - |
| Voluntary use | Allowed for any employer | Allowed for any employer |
| Re-verification | Limited by federal anti-bias rules | - |
| County mandate | - | None; preempted by state |
| City mandates in SCC | - | None permitted under §2814 |
Highlighted rows indicate differences between cities.
San Jose FAQ
Does San Jose require employers to use E-Verify?
No. California AB-1236 (Labor Code §2814) bars cities from imposing an E-Verify mandate on private employers, so San Jose has no such rule on the books.
Can my San Jose employer use E-Verify voluntarily?
Yes. Any employer may enroll voluntarily through USCIS, but they must apply it consistently to all new hires and cannot selectively re-verify existing workers.
Santa Clara FAQ
Does Santa Clara County require employers to use E-Verify?
No. California AB-1236 (Labor Code §2814) bars counties and cities from imposing E-Verify mandates on private employers, so neither SCC nor any of its 15 cities can require participation.
Can my SCC employer use E-Verify voluntarily?
Yes. Any employer may enroll voluntarily through USCIS, but they must apply it consistently to all new hires and cannot selectively re-verify existing workers based on national origin or perceived status.
Compare other topics
See how San Jose and Santa Clara compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool