New York Statewide Rule

E-Verify and Employment Authorization in New York

Some RestrictionsApplies statewide across New York (2026)

New York has no statewide E-Verify mandate; employers rely on the federal Form I-9 process while New York Labor Law and Human Rights Law restrict status discrimination and protect undocumented workers.

Key Facts

Statewide E-Verify mandate: None
Required form: Federal I-9 only
Discrimination shield: Exec Law § 296
Wage protections: Apply regardless of status
Retaliation ban: Labor Law § 215

Source: New York State Senate

Full Breakdown

Unlike several other states, New York has not enacted a statute requiring private or public employers to use the federal E-Verify electronic employment verification system. Federal contractors operating in New York may be required to use E-Verify under federal acquisition rules, but state law neither mandates nor prohibits its use by other employers. Labor Law § 215 and Executive Law § 296 protect workers from retaliation and from national origin or citizenship discrimination, and the New York State Department of Labor has issued guidance that wage, hour, and safety protections apply regardless of immigration status. Employers who use E-Verify voluntarily must still comply with anti-discrimination rules and may not selectively run new hires through the system based on perceived national origin.

Violations & Penalties

Discriminating against employees based on citizenship or national origin can result in civil penalties, back pay, and damages under the Human Rights Law; retaliating against workers who report wage theft is unlawful under Labor Law § 215 with civil and criminal exposure.

Frequently Asked Questions

Do New York employers have to use E-Verify?

No. New York has not adopted a statewide E-Verify requirement. Employers must complete the federal Form I-9 for every new hire, but voluntary E-Verify enrollment is optional except where federal contracts require it.

Can a New York employer fire someone for being undocumented after years of work?

Federal law requires authorized work, but New York's Human Rights Law forbids using citizenship or national origin as a pretext, and Labor Law § 215 bars retaliation. Workers retain rights to earned wages and safe conditions regardless of status.

Can a city or county in New York require E-Verify on its own?

Local governments can require E-Verify for their own contractors, but they cannot impose verification rules on private employers beyond what federal law allows. State labor protections still apply on top of any local procurement rule.

Sources

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