On January 1, 2025, an amendment to the Illinois Right to Privacy in the Workplace Act will take effect modifying—among other issues—Illinois’ approach to E-Verify. E-Verify is a free, online system operated by U.S. Citizenship and Immigration Services (USCIS) that allows employers to confirm a new hire’s employment eligibility comparing data and documents against Social Security Administration and USCIS databases. Using E-Verify is voluntary in most places but a few states require all or most employers to use E-Verify during the hiring process (Florida, North Carolina, and Georgia, to name a few). Other states, like California, have moved in the opposite direction and rather than mandating that employers use E-Verify, instead restrict when E-Verify may be used. On June 1, 2025, Illinois joins the latter camp.

Under the Right to Privacy in the Workplace Act amendment, employers in Illinois may use E-Verify, but are subject to certain limitations when doing so. For example, E-Verify may not be used to pre-screen candidates. In addition, Illinois employers who use E-Verify are required to provide all employees who will use the system to participate in computer-based training (and then file an attestation that such training took place). These first two requirements are existing federal requirements to participate in the E-Verify program. The amendment also creates additional hoops that an E-Verify employer must jump through to remain in compliance. For instance, employers who challenge the validity of an employment verification document must also provide the employee with an explanation as to the specific deficiencies in the document. The amendment also imposes new requirements on employers who receive a Notice of Inspection (NOI) as to Form I-9s and related documents, such as that the employer must provide notice to all employees in all relevant languages within 72 hours of receiving the NOI. These are only a few examples that demonstrate the breadth of the amendment.

Ice Miller’s immigration team is prepared to answer your questions regarding Illinois’ amendment to the Right to Privacy in the Workplace Act as well as any questions or concerns related to changes in federal immigration policy. Further, as part of our continued effort to provide clients with comprehensive legal solutions, we offer a complimentary I-9 check-up services to help employers ensure their compliance with I-9 policies and procedures.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.