E-Verify South Carolina
January 1, 2012
All employers by January 1, 2012
On June 27, 2011, Governor Nikki Haley signed into law amendments to the South Carolina Illegal Immigration Reform Act. The amended law requires all employers to enroll in the E-Verify system beginning January 1, 2012 and to verify the legal status of all new employees through E-Verify within three business days of hiring. In addition, employers may no longer confirm new workers’ employment authorization with a driver’s license or state identification card.
Previously, Act H 4400 required employers to use E-Verify for all new hires, or only employ workers with valid driver’s license from South Carolina or from another pre-designated state. The law first went into effect on January 1, 2009.
Penalties for Non-Compliance
For a first occurrence by a private employer, prior to July 1, 2012, of failure to verify a new hire through the E-Verify within three business days, an employer must swear or affirm in writing to the South Carolina Department of Labor, Licensing and Regulation that the employer has complied with I-9 laws from January 1, 2012 until notification by LLR of a violation, and comply with the state law on verification of new hires within three business days.
For a first occurrence by a private employer, after July 1, 2012, of failure to verify a new hire through the E-Verify within three business days, the Department of LLR must place the employer on probation for a period of one year, during which time the private employer must submit quarterly reports to the agency demonstrating compliance with the law. A subsequent violation within three years of the law’s verification requirements must result in the suspension of the private employer’s licenses for at least 10 days but not more than 30 days.