North Dakota E-Verify Mandate Status

North Dakota has not enacted a statewide E-Verify mandate for private employers. NDCC Title 34 governs labor and employment but does not require participation in the federal E-Verify system operated by U.S. Citizenship and Immigration Services. Federal contractors with covered contracts must still use E-Verify under federal acquisition rules, and state agencies may use it for their own hiring. All employers nationwide remain required to complete Form I-9 employment eligibility verification under the federal Immigration Reform and Control Act, regardless of E-Verify participation. Local governments are generally not authorized to impose E-Verify mandates on private employers given the statewide labor framework under NDCC 34-06.

There are no state penalties because no statewide E-Verify requirement exists. Federal contractors who fail to use E-Verify when required can lose contract eligibility and face federal sanctions. Employers who knowingly hire unauthorized workers face federal civil penalties starting at several hundred dollars per worker and potential criminal liability under 8 USC 1324a. Form I-9 violations are enforced by U.S. Immigration and Customs Enforcement.