WorkBright is the trusted guide in I-9 compliance, and presents our customers with digestible data regarding the evolving world of HR and hiring. In this article, we are providing a breakdown of U.S. work-eligible Visa types, Employment Authorization Document (EAD), and E-Verify requirements for each. It is important to be aware of general E-Verify state requirements versus Visa or EAD requirements because your organization may not hire in states that require E-Verify, but the new hire’s Visa type or EAD could override your current E-Verify policy. However, your organization can continue to E-Verify all new hires if you have enrolled in the program voluntarily, or hire in states that require it. If your organization decides to enroll in the program, please keep in mind that in order to avoid discrimination ALL new hires MUST have an E-Verify case created for their I-9. Here is a list of states that currently require E-Verify (view our WorkBright Blog for a more detailed article):
States with mandated E-Verify for all or most employers:
Alabama
Arizona
Florida
Georgia
Louisiana
Mississippi
North Carolina
South Carolina
Tennessee
Utah
States that mandate E-Verify for public employers or contractors:
Idaho
Indiana
Michigan
Minnesota
Missouri
Nebraska
Oklahoma
Pennsylvania
Texas
Virginia
Washington
West Virginia
In addition to being aware of which states require E-Verify, your organization must be aware of hiring potential employees with specific Visas or an EAD, and how that will impact your current E-Verify policy. Below is a chart that breaks down which document type requires E-Verify:
Visa/Employment Authorization Document Type | Common Use | E-Verify Required by Law? | Notes |
F-1 (STEM OPT) | Student visa w/ work option | ✅ Yes | Employer must be enrolled in E-Verify to hire STEM OPT students. |
EAD Holders – Form I-766 | Employment Authorization Document for certain nonimmigrants, pending asylum, TPS holders, adjustment of status applicants, DACA recipients, etc. | ⚠️ Sometimes | E-Verify required if hiring under STEM OPT or other specific programs that mandate it; otherwise only required if employer is already enrolled. |
J-1 (Exchange Visitor) | Work-study, research, cultural exchange | ❌ No | Not a legal requirement. If employer is enrolled, must still create a case for all new hires. |
F-1 (Standard OPT) | Student visa w/ work option | ❌ No | No mandate for E-Verify unless employer is already enrolled. |
M-1 (Vocational Student) | Vocational or technical training programs | ❌ No | No mandate for E-Verify unless employer is already enrolled. |
H-1B (Specialty Occupations) | Professional roles requiring bachelor’s+ | ❌ No | E-Verify not required; some portability scenarios may cause mismatches. |
H-2B (Temporary Non-Ag) | Seasonal non-farm work | ❌ No | No legal requirement for E-Verify. |
H-2A (Temporary Ag) | Seasonal farm work | ❌ No | No legal requirement for E-Verify. |
L-1 (Intracompany Transfer) | Managers, execs, specialized knowledge workers | ❌ No | No legal requirement for E-Verify. |
O-1 (Extraordinary Ability) | Arts, sciences, education, business, athletics | ❌ No | No legal requirement for E-Verify. |
TN (NAFTA/USMCA) | Canadian & Mexican citizens in listed professions | ❌ No | No legal requirement for E-Verify. |
E-2 (Treaty Investor) | Investors/key employees from treaty countries | ❌ No | No legal requirement for E-Verify. |
E-3 (Australia Specialty Occupation) | Australians in specialty roles | ❌ No | No legal requirement for E-Verify. |
Need help moving forward with your E-Verify policy? Good news! WorkBright offers an E-Verify integration that will simplify creating cases for your new hires going forward, and assist in maintaining your organization’s I-9 compliance. Please contact your Account Development Representative by emailing AD@workbright.com if you do not already have this feature included in your contract package and would like to add it on, or inquire within your admin platform, as shown below. If you already have the E-Verify integration included in your contract, but need assistance with enabling it, please email implementation@workbright.com for additional instructions.