Arizona E-Verify Requirement (LAWA)

The Legal Arizona Workers Act (A.R.S. §§ 23-211 to 23-214) requires all Arizona employers to verify the work eligibility of new hires through E-Verify — the first such state mandate in the nation. Using E-Verify creates a rebuttable presumption that the employer did not knowingly hire an unauthorized worker; not using it forfeits that protection.

Complete the federal Form I-9 (current edition 01/20/2025) for every new hire, then create an E-Verify case within 3 business daysof the employee's first day of work for pay, and retain the records. Apply the process uniformly to avoid document abuse or national-origin discrimination claims.

Knowingly or intentionally employing an unauthorized worker can lead to suspension or permanent revocation of the employer's business license(A.R.S. § 23-212) — a uniquely severe state sanction. The U.S. Supreme Court upheld both the license penalty and the E-Verify mandate in Chamber of Commerce v. Whiting (2011).

Proposition 314 (2024) added state penalties for false documentation and is set to extend E-Verify to independent contractors — confirm the current operative effective date before relying on that piece, as it is a recent development.

Register for E-Verify before your next hire, build the 3-business-day case-creation step into onboarding, never use E-Verify to pre-screen applicants before hire, and don't request more or different documents from some workers than others.