North Carolina E-Verify law starts October 1

September 26, 2012

law enacted by the North Carolina General Assembly in 2011 that requires businesses in North Carolina with 25 or more employees to use the federal E-Verify electronic employment eligibility verification program to verify the work authorization of newly hired employees will start being rolled out on October 1, and continue to be phased in until July next year. H.B.36 contains a requirement that employers use E–Verify, a free internet-based system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows participating employers to verify the employment eligibility of new employees hired to work in the United States. A quick summary states that: Employers with 500 or more employees will be required to use E-Verify beginning October 1, 2012, while employers with 100 or more but less than 500 employees will be required to use E-Verify beginning January 1, 2013, and employers with 25 or more but less than 100 employees will be required to use E-Verify beginning July 1, 2013. Benefits of E-Verify HRMorning and NumberUSA state the following advantages to the E-Verify system, displaying why and how it has become such a pivotal part of the employment screening process:

  •  It allows the employer to query the government databases as to validity of documentation.
  • For those in vulnerable industries, it saves time and training by identifying unauthorized workers.
  • It is easy to use and free for employers.
  • An employer who uses the pilot in good faith cannot be held liable for hiring an illegal alien (use of the system is an affirmative defense.)
  • Mandatory use of E-Verify ensures that all U.S. businesses operate on a level playing field.
  • American taxpayers benefit because they don’t have to subsidize employers’ cheap labor by providing welfare.
The full text of House Bill 36 (H.B. 36) “An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees” is available at: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H36v7.pdf. The U.S. Citizenship and Immigration Services (USCIS) state that more than 353,000 employers use E-Verify at nearly 900,000 workplaces, and about 1,200 new businesses sign up for the program every week. For more information on E-Verify, and employment screening, contact us via phone or email here.]]>

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