E-Verify requirements in Massachusetts: no mandate, but a state-contract certification and an old state law

As of October 2026, Massachusetts does not require any employer to use E-Verify. That includes state contractors: the Commonwealth's long-standing contract rule, Executive Order 481 of 2007, asks contractors to certify that they verify workers' status "pursuant to federal requirements," which is Form I-9, and does not mention E-Verify. Massachusetts also has a short, decades-old statute against knowingly employing unauthorized workers, General Laws chapter 149, section 19C. The latest bill to add an E-Verify mandate was sent to a study order in March 2026, which in practice means no further action on it this session.

Who is covered in Massachusetts

Executive Order 481: the state contract certification

Governor Deval Patrick signed Executive Order 481, "Order prohibiting the use of undocumented workers on state contracts," on February 23, 2007. It applies to all Executive Branch agencies and makes it the Executive Branch's policy to prohibit the use of undocumented workers in performing state contracts. Section 3 requires every Executive Branch contract entered into after the order took effect to require the contractor to certify, as a condition of receiving Commonwealth funds, three things:

1. it will not knowingly use undocumented workers in connection with the performance of the contract;
2. pursuant to federal requirements, it will verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination; and
3. it will not knowingly or recklessly alter, falsify or accept altered or falsified documents from any such worker.

A breach during the contract may be treated as a material breach, with sanctions that can include monetary penalties, withholding of payments, and suspension or termination of the contract. The order directed the Office of the Comptroller and the Operational Services Division to write uniform contract language.

Read closely, the order adds no verification system. "Pursuant to federal requirements" points to the federal process every employer already follows, Form I-9, unless the contractor is separately covered by the federal E-Verify clause. An agency or prime contractor may still ask for more in a specific contract, so read the contract itself.

Section 19C: the state's own unauthorized-employment law

Section 19C makes it unlawful for any employer knowingly to employ an alien who is a student or visitor, or who has not been admitted for permanent residence, unless the person is admitted under a work permit or the employment is authorized by the Attorney General of the United States, the federal authority the statute still names. It contains its own safe harbor: an employer has not violated the section if it made a bona fide inquiry into whether the person is a citizen and, if not, whether the person is authorized to work. The commissioner may issue regulations on the procedure, and a violation carries a fine of $200 to $500.

In practice, a properly completed Form I-9 is the bona fide inquiry most employers would point to. The statute does not mention E-Verify.

The bill that would have added a mandate

H.2091, "An Act protecting Massachusetts workers," filed by Representative DeCoste with Representatives Vaughn and Lombardo for the 194th General Court (2025-2026), concerned verifying employees' eligibility through E-Verify and would have replaced section 19C. It was referred to the Joint Committee on Labor and Workforce Development in February 2025, heard on October 8, 2025, and on March 12, 2026 "accompanied a study order, see H5208." The same sponsor filed similar bills in earlier sessions, including H.1866 in the 193rd General Court; H.4162 in the 192nd also ended in a study order.

What applies to every Massachusetts employer

• Form I-9 for every hire, with Section 2 within three business days of the first day of work; see I-9 timing in hiring.
• The federal contractor clause. Under FAR 22.1803, FAR 52.222-54 goes into federal contracts over $150,000 unless performed only outside the United States, shorter than 120 days, or only for commercially available off-the-shelf items, and flows down to services or construction subcontracts over $3,500. A covered contractor enrolls within 30 calendar days of award and verifies new hires company-wide and employees assigned to the contract.
• The federal MOU if enrolled. The E-Verify employer memorandum of understanding requires verifying all new hires at the enrolled site within three business days of hire, never before an accepted offer and a completed I-9, never to screen applicants, and with no adverse action while a tentative nonconfirmation is contested; see E-Verify tentative nonconfirmation.

Questions to ask a Massachusetts contracting agency

1. Which version of the EO 481 certification is in this contract, and does the agency add any verification term beyond it?
2. Does the certification reach our subcontractors and any temporary labor supplier, and does the agency want their certifications collected?
3. Is any federal contract behind the project that brings a federal clause, including FAR 52.222-54?
4. What documentation would the agency ask for to confirm compliance, and how quickly?

Keep completed Forms I-9 for assigned workers for the federal retention period, the later of three years after hire or one year after employment ends; see I-9 retention rules.

Staffing agencies and recruiters in Massachusetts

• An agency supplying workers on an Executive Branch contract, as the contractor or a subcontractor, should expect the EO 481 certification and should be able to show completed Forms I-9 for every assigned worker.
• Selective checks are a discrimination risk under both the federal MOU and the order's own words, "without engaging in unlawful discrimination." Verify everyone on the same process.
• An enrolled agency runs E-Verify as the employer of record that completes Form I-9; see E-Verify for staffing agencies.
• Massachusetts licenses some employment agencies; see staffing agency license requirements in Massachusetts.

A worked example

This is an invented example. A Worcester staffing firm wins a contract to supply temporary clerical staff to an Executive Branch agency. The contract includes the EO 481 certification, and the firm signs it. It is not enrolled in E-Verify and has no federal contract, so nothing requires it to enroll. For each worker it assigns, it completes Form I-9 on time, examines documents without asking for more or different ones than the form allows, and keeps the forms where it can produce them if the agency asks. A year later it takes on a subcontract under a federal contract whose terms include FAR 52.222-54; from that point the federal clause, not Massachusetts law, requires it to enroll within 30 days.

A Massachusetts checklist

1. No federal contract with FAR 52.222-54? E-Verify is optional; Form I-9 is not.
2. On Executive Branch contracts, sign the EO 481 certification only once your I-9 process can back it up.
3. Make each Form I-9 a bona fide inquiry under section 19C: on time, complete, and without document abuse.
4. Read each state contract for any added verification term beyond the standard certification.
5. For workers outside Massachusetts, apply the rule of the state where they work; see E-Verify requirements by state.