New York does not mandate E-Verify for private employers, and Suffolk County does not require it locally; participation is voluntary except where federal contracts or specific state programs require employment eligibility verification through the federal system.
Federal law requires all U.S. employers to verify identity and work eligibility on Form I-9 but participation in the E-Verify electronic system remains voluntary in New York. Neither New York State nor Suffolk County mandates private-sector E-Verify use. Federal contractors with applicable Federal Acquisition Regulation clauses must enroll. Suffolk County itself does not condition county business licenses or contracts on E-Verify enrollment. Employers who voluntarily enroll must comply with federal anti-discrimination notice requirements and the memorandum of understanding signed with USCIS and Social Security Administration.
Misuse of E-Verify, such as pre-screening applicants or using it discriminatorily by national origin, can trigger Department of Justice IER charges and back-pay orders for affected workers.
Suffolk County, NY
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See how Suffolk County's e-verify mandates rules stack up against other locations.
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