New Jersey does not mandate E-Verify for private employers, leaving participation voluntary statewide while federal contractors must comply with federal Executive Order 12989 requirements.
New Jersey has not enacted a statute requiring private employers to use the federal E-Verify electronic employment eligibility verification system. Employers must still comply with federal Form I-9 obligations under the Immigration Reform and Control Act, but participation in E-Verify itself is generally voluntary in the private sector. Federal contractors and subcontractors with covered contracts must use E-Verify under federal Executive Order 12989 and FAR 22.18. State agencies and certain public contracts may use the system administratively, but no statewide statute imposes a universal employer mandate. Because no state preemption statute exists barring local mandates, this entry reflects only the absence of a state-level E-Verify requirement applicable across New Jersey.
Employers who knowingly hire unauthorized workers face federal civil and criminal penalties under 8 USC 1324a; violations of state wage, tax, and discrimination laws may also apply to verification missteps.
See how Somerville's e-verify mandates rules stack up against other locations.
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