New hire reporting — 20-day deadline
Arkansas employers must report all newly hired and rehired employees to the Arkansas New Hire Reporting Center within 20 days of the employee's hire date. The requirement applies to all employers regardless of size and covers any individual who will receive a W-2 form. Rehires who return after a separation of 60 days or more must also be reported. Reports may be submitted online, by mail, or by fax to the state registry, which is operated by the Division of Workforce Services to assist in child support enforcement and unemployment fraud prevention.
E-Verify mandate — July 1, 2026 effective date for private employers
Arkansas Act 948 of 2025 (House Bill 1974) created the E-Verify Requirement Act, effective in two phases: state government employers must use E-Verify for employees hired on or after January 1, 2026, and all other employers must use E-Verify for employees hired on or after July 1, 2026. The Act is codified at Ark. Code §§ 21-3-901 through 21-3-903.
Statutory scope and the "all other employers" language The codified subchapter defines "Employer" as "a state government department, board, bureau, political subdivision, or agency licensed under statute or rule to operate in this state" (Ark. Code § 21-3-902(2)). However, Section 3 of Act 948—the non-codified effective-date provision—establishes that state employers must comply for hires on or after January 1, 2026, and that "all other employers" must comply for hires on or after July 1, 2026. The statute does not further define "all other employers." The Arkansas Department of Labor and industry guidance interpret this phrase to include all private employers regardless of size, making Arkansas one of a handful of states with a universal E-Verify mandate. Employers should confirm applicability with the Arkansas Department of Labor and Licensing or monitor forthcoming agency rules, but the plain language of Section 3's effective-date clause extends the mandate beyond public entities.
What E-Verify is The statute defines E-Verify as "the electronic verification system operated by United States Citizenship and Immigration Services, or its successor program, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208" (Ark. Code § 21-3-902(3)). E-Verify compares information from an employee's Form I-9 against Social Security Administration and Department of Homeland Security records to confirm work authorization.
Verification timing and enrollment Federal E-Verify program rules require employers to open an E-Verify case within three business days of an employee's start date. Arkansas's statute does not add or modify this timing; employers subject to the Arkansas mandate follow the federal E-Verify MOU and operational procedures. Employers must enroll at e-verify.uscis.gov before the applicable effective date.
Current employees The mandate applies prospectively. Employees hired before January 1, 2026 (for state employers) or before July 1, 2026 (for other employers) are not subject to E-Verify verification under the Arkansas statute.
Enforcement and penalties Act 948 does not specify state-level administrative penalties, fines, or enforcement procedures for noncompliance. Federal I-9 and employment-verification penalties under 8 U.S.C. § 1324a continue to apply, and employers who knowingly hire or continue to employ unauthorized workers remain subject to federal civil and criminal liability. The Arkansas Department of Labor and Licensing has not yet published enforcement guidance as of the statute's enactment. Employers should watch for administrative rules implementing the Act.
Recordkeeping The Arkansas statute does not prescribe a state-specific retention period for E-Verify records. Employers must comply with federal Form I-9 retention requirements (three years after hire or one year after separation, whichever is later) and retain all E-Verify case documentation in accordance with the federal E-Verify MOU.
Practical onboarding steps Employers not currently enrolled in E-Verify should register, designate an E-Verify administrator, integrate the verification step into their hire checklist, and train HR staff on Tentative Non-Confirmation (TNC) procedures and anti-discrimination rules. E-Verify enrollment does not eliminate the risk of federal I-9 audits or Immigration and Customs Enforcement worksite actions, because the system cannot detect identity theft (an employee presenting another person's valid documents).