E-Verify Requirements


E-Verify Requirements

HB 390 amends 285.530 RSMo to require any business entity contracting to perform work in excess of $5,000 for the state to provide such affidavit affirmations on an annual basis.

Business entities and employers are prohibited from knowingly employing, hiring, or continuing to employ illegal aliens to perform work in Missouri. Participation in a federal work authorization program which enables employers to electronically verify employment eligibility is required for all public employers and business entities receiving a state contract or grant in excess of $5,000 or a state-administered tax credit, tax abatement, or loan from the state. Participation in a federal work authorization program is an affirmative defense to an allegation

that a business entity knowingly hired an illegal alien.

House Bill 390 Changes the laws regarding illegal aliens and immigration status verification (Section 285.530-285.555)
Department of Homeland Security Federal Work Authorization Program E-Verify link
MoDOT Annual Worker Eligibility Affidavit Form – attach the first page and signature page of the E-Verify MOU showing date & signature for your firm and DHS
Local Program Affidavit of Compliance
Affidavit of Compliance - Missouri Attorney General Unauthorized Alien Workers Code of State Regulation



Sole Proprietors

a) Sole Proprietor-No Employees

If the proposed contractor is a sole proprietor with no employees, presentation of a copy of the sole proprietor’s drivers license or other document as affirmative proof of their eligibility to provide services or the Affidavit-Applicant Failure to Prove Lawful Presence is all that is required for contracts in excess of $5,000. A sole proprietor with no employees will not have an Employer Identification Number (EIN) and will not be able to participate in the E-Verify program.

b) Sole Proprietor-with Employees

If the sole proprietor has employees, they will need to complete and submit the Annual Worker Eligibility Affidavit, the first page and the signature page(s) of the E-Verify MOU documentation along with documentation of affirmative proof of citizenship and/or permanent residency within the United States for contracts in excess of $5,000.