Illinois employers will soon face significant changes in the employment eligibility verification process (Form I-9). According to Senate Bill 0508 (SB 0508), only employers required by federal law may use the federal government’s E-Verify program. This legislation also introduces new reporting requirements for employers when completing employment eligibility verifications.

Introducing these new requirements are the amendments to the Illinois Right to Privacy in the Workplace Act through SB 0508. On August 9, 2024, Illinois Governor JB Pritzker signed the law, guaranteeing SB 0508 would go into effect on January 1, 2025.

The E-Verify system is a federal program maintained by the Department of Homeland Security (DHS). It allows employers to take information from an individual’s Form I-9 and enter it into their employer portal to verify the individual’s work authorization. This information is then compared with databases the DHS and Social Security Administration maintains. Except for federal employers and contractors, this program is overwhelmingly voluntary and exists as a measure to help prevent fraud.

However, the program has long faced concerns over its accuracy and potential for flagging individuals permitted to work in the United States. As a result, California has restricted the use of the program. Recently, Illinois has followed suit to become the second state to limit an employer’s use of the program.

Under Section 13(b) of SB 0508, “An employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law.” With few exceptions, SB 0508 ensures employers do not feel required to use the E-Verify system in the hiring process. Furthermore, the new regulations do not require any verification beyond what federal law requires. As such, most employers may face a ban from using E-Verify under SB 0508.

SB 0508 also offers instructions for employers who receive an inspection notice from a federal agency. At this time, the employer has 72 hours to inform their employees about the inspection. Should a federal authority determine that an employee lacks the authorization to work during this inspection, the employer must notify the employee within five business days. The employee may contest this determination and receive a notice of the agency’s decision within 72 hours of the final determination.

It remains uncertain whether the updates by SB 0508 will benefit employers. Regardless, many may find the changes upset their current process for complying with I-9 regulations. One way to ensure compliance is by utilizing an electronic I-9 management system. This system offers step-by-step guidance, digital storage, and notifications of when to take further action.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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