Employers who participate in E-Verify are already familiar with the system’s role in confirming employment eligibility, but what’s often overlooked are the accompanying compliance responsibilities. One of the most basic, and increasingly important, obligations is the proper display of E-Verify posters in the workplace. And with Illinois introducing new posting and procedural requirements in 2025, it’s clear that the compliance landscape is evolving.
Here’s what employers need to know now — and what to prepare for as more states consider similar moves.
E-Verify: A Quick Refresher
E-Verify is a free, web-based system operated by the U.S. Department of Homeland Security (DHS). It compares information from an employee’s Form I-9 against DHS and Social Security Administration records to confirm identity and work authorization.
Participation may be voluntary or required, depending on factors such as state laws or federal contracting obligations. But regardless of why an employer uses E-Verify, one thing remains constant: Specific posters must be displayed to comply with federal law.
Federal Posting Requirements for E-Verify
All employers enrolled in E-Verify must display two federally required posters:
1. The E-Verify Participation Poster (issued by DHS)
2. The Right to Work Poster (issued by the Department of Justice)
These posters must be posted in both English and Spanish, even if the workforce is exclusively English-speaking. The posters must be visible to job applicants and employees whose employment eligibility will be verified — typically in common areas like break rooms, lobbies or near time clocks. Digital hiring platforms should also include these notices alongside application materials.
Displaying outdated posters or failing to post them at all can result in compliance issues or penalties. That’s why it’s critical to keep these notices current and easily accessible.
What’s New in Illinois?
Effective January 1, 2025 Illinois employers who use E-Verify will face additional compliance requirements under an amendment to the Right to Privacy in the Workplace Act (Public Act 103-879). Here’s what’s changing:
- State-Specific Poster Requirement:
Employers must display the Illinois Right to Privacy in the Workplace/E-Verify poster, in addition to the existing federal E-Verify Participation and Right to Work posters. As with the federal notices, the Illinois poster must appear in both English and Spanish. - Pre-Enrollment Guidance:
Before enrolling in E-Verify, Illinois employers are urged to visit the Illinois Department of Labor (IDOL) website to review current information on the system’s accuracy and requirements. - Training and Recordkeeping:
The new law encourages employers to understand and document their responsibilities under E-Verify, including limitations on how the system is used and ensuring staff receive appropriate training. - Misuse Prohibited:
Employers may not use E-Verify to: - Pre-screen applicants before a job offer is made
- Check the status of current employees
- Retaliate against employees or applicants who file complaints under the law
- Employee Rights in Case of Discrepancies:
If E-Verify flags a discrepancy in an employee’s work authorization, employers must:
- Notify the employee in writing of the issue
- Allow the employee an opportunity to address the discrepancy
- Permit the employee to have representation in any related meetings or discussions
These added protections reflect a broader focus on balancing workplace verification efforts with employee rights, and Illinois is likely just the beginning.
If your business uses E-Verify — or plans to — it’s time to ensure your policies, training and postings are in line with both federal and emerging state-level requirements.
Staying Compliant as E-Verify Rules Evolve
Illinois is the first state to introduce its own E-Verify posting requirement, and it may not be the last. As more states explore localized regulations to clarify employer obligations and protect workers, businesses operating across multiple jurisdictions should be prepared for added complexity.
Keeping apprised of the ever-changing regulatory landscape at federal, state and local levels takes considerable time and expertise. The Employment Law Alert Service from Poster Guard Plus™ was designed to alleviate this burden. This revolutionary service:
- Provides instant access to a library of recent employment-related legislative and regulatory developments across every U.S. jurisdiction including federal, state, county and city
- Delivers a concise summary of the new law or regulation written by experienced labor and employment law attorneys along with a link (when available) to the full text of the legislation or regulation
- Outlines action items and practical suggestions for implementing the new requirements
It’s a reliable way to stay informed as state-level E-Verify rules continue to shift.
