The E-Verify program is a web-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment authorization of newly hired employees.
The N.C. General Assembly passed E-Verify legislation that became effective in three phases as follows:
Effective Oct. 1, 2012—employers with 500 or more employees were required to use E-Verify to check work authorization for all new hires.
Effective Jan. 1, 2013—employers with 100 or more employees were required to use E-Verify to check work authorization for all new hires.
Effective July 1, 2013—employers with 25 or more employees were required to use E-Verify to check work authorization for all new hires.
Businesses that are required to comply with this legislation can click on the following link to learn more about the E-Verify system and enroll in the program: E-Verify.
The N.C. Department of Labor is the agency charged with investigating complaints for violations of the E-Verify law.
NCDOL began accepting complaints on the first effective date of Oct. 1, 2012.
NCDOL has adopted administrative rules to clarify how complaints will be handled against companies for failure to E-Verify their employees. The rules went into effect Oct. 1, 2012.
Please note that state agencies, counties and municipalities have separate E-Verify requirements, but the N.C. Department of Labor does not have jurisdiction to investigate complaints with respect to employees of these public entities. The N.C. Department of Labor will investigate the requirement for cities, counties and other political subdivisions of the state to ensure that contractors and subcontractors comply with the requirements of E-Verify pursuant to G.S. 143-133.3.
The definition of employee in North Carolina E-Verify law does not include an individual whose term of employment is less than nine months in a calendar year. Additionally, private employers with 24 or fewer employees are not required to use E-Verify.
North Carolina law does not exempt an employer from federal law or the provisions of the Memorandum of Understanding required by the U.S. Department of Homeland Security when an employer signs up to use the federal E-Verify system.
For more information on the E-verify legislation, visit the UNC School of Government website at http://sogpubs.unc.edu/electronicversions/pdfs/ilb03.pdf.
If you have questions about North Carolina’s E-Verify legislation, you may call 1-800-625-2267.
Questions about policies and procedures related to registering with and participating in the E-Verify program should be directed to the U.S. Department of Homeland Security’s hotline for employers at 1-888-464-4218.