Having amended its mandatory E-Verify law back in May when Governor Bill Lee signed HB 1853 into law, the state of Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results effective January 1, 2023. Currently, the Tennessee Lawful Employment Act, (TLEA) adopted in 2017 only requires employers with 50 or more employees to use E-Verify. Critically, the Tennessee definition of “employee” includes and counts employees under the same FEIN – Federal Employer Identification Number (also known as EIN, Employer Identification Number) – meaning that employers who may have fewer than 35 employees in Tennessee but more than 35 employees under the same FEIN will be subject to E-Verify beginning on January 1, 2023.