North Carolina’s E-Verify law, codified in Article 2 of Chapter 64 of the North Carolina General Statutes, mandates the use of the federal E-Verify program for certain employers to verify the work authorization of newly hired employees.
Key Applicability of the North Carolina E-Verify Law
- The law applies to private employers (any person, business entity, or organization transacting business in North Carolina) that employ 25 or more employees in the state, regardless of the employer’s headquarters location.
- It does not apply to state agencies, counties, municipalities, or other governmental bodies (these entities have separate E-Verify obligations, often related to contractors and subcontractors).
- Employers with 24 or fewer employees in North Carolina are exempt.
Definition of “Employee” Under North Carolina E-Verify Law
- An “employee” is an individual providing services or labor in North Carolina for wages or other remuneration.
- Excludes individuals whose term of employment is less than nine months in a calendar year (e.g., certain seasonal or temporary workers).
Core Requirements
Covered employers must enroll in and use E-Verify to verify the work authorization of each newly hired employee after hiring (verification must occur in accordance with federal E-Verify rules, typically within three business days after the hire date). This applies only to employees hired on or after the employer’s compliance effective date (phased in by employer size starting in 2012–2013; fully applicable to all covered employers since July 1, 2013).
Employers must retain E-Verify verification records while the employee is employed and for one year thereafter.
Verification is not required for existing employees (hired before the employer’s compliance date) or for rehires (though federal E-Verify guidance may apply).
Additional Notes
Compliance is enforced by the North Carolina Department of Labor primarily through investigation of complaints (no random audits). Penalties for violations can include civil fines ranging from $1,000 to $10,000, depending on the number of offenses, and requirements to submit affidavits confirming corrective actions. The law does not override federal requirements, including the E-Verify Memorandum of Understanding that employers must sign upon enrollment.
For the most current details or to enroll, employers should consult the U.S. Citizenship and Immigration Services (USCIS) E-Verify website or the North Carolina Department of Labor.
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