E-Verify legislation for North Carolina and South Carolina employers

All U.S. employers are required to complete and retain a Form I-9, Employment Eligibility Verification, for each person they hire to work in the United States, including both citizens and non-citizens.  Employers can find the Form I-9 and instructions herehttp://www.uscis.gov/files/form/i-9.pdf on the U.S. Citizenship and Immigration Services website. Recently, there has been an increased focus on immigration and ensuring employers are being compliant with hiring only employees with legal working status.  Therefore, more and more states are passing legislation requiring employers to include E-Verify, in addition to the Form I-9.  E-Verify is a free internet-based system that allows employers to confirm the legal working status of new hires in a matter of seconds.  E-Verify is operated by the U.S. Citizenship and Immigration Services (USCIS) in conjunction with the Social Security Administration (SSA) and provides an automated link to federal databases to help employers determine the eligibility of new hires.  It reduces unauthorized employment, minimizes verification related discrimination and is a quick and easy to use tool.Compliance requirements All employers in the state of South Carolina are required to enroll in E-Verify by January 1, 2012 and verify all new hires thereafter. Employers in the state of North Carolina must comply using E-Verify on the following effective dates and based on the size of the organization: Employers with 500 or more employees – effective October 1, 2012 Employers with 100 or more employees – effective January 1, 2013 Employers with 25 or more employees – effective July 1, 2013 Private employers with 24 or less employees in the state of North Carolina are not required to use E-Verify. E-Verify is not to be used as a pre-employment screening tool and is not to be completed for employees already on the payroll prior to the employer enrolling in the program.  E-verify is for all new hires going forward from time of enrollment and must be completed within 3 business days after the employee starts work. Resources Additional information can be found on each states respective department of labor website.  For North Carolina, it is www.nclabor.com and for South Carolina it is www.llronline.com.  You can also visit http://www.dhs.gov/E-Verify to register for E-Verify and find out more detailed information and instructions for the federal program.