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 will become effective in three phases as follows:
Effective Oct. 1, 2012—employers with 500 or more employees will be required to use E-Verify to check work authorization for all new hires.
Effective Jan. 1, 2013—employers with 100 or more employees will be required to use E-Verify to check work authorization for all new hires.
Effective July 1, 2013—employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires.
Businesses that will be 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 will begin accepting complaints against employers in accordance with the effective dates set forth above. For example, between Oct. 1, 2012, and Dec. 31, 2012, complaints will only be accepted against employers with 500 or more employees.
No complaints will be accepted until 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 will take effect Oct. 1, 2012.
Please note that NCDOL does not have jurisdiction with regard to E-Verify over state/local government agencies and municipalities and will not be able to accept complaints against these entities.
North Carolina E-Verify law does not require that seasonal temporary workers who meet the definition in N.C. Gen. Stat. § 64-26(c) be verified through the federal E-Verify system. 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 919-733-7166.
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.