A law was enacted in 2011 by the North Carolina General Assembly that requires businesses to use the federal E-Verify electronic employment eligibility verification program. This law requires employers to verify the work authorization of newly hired employees and will continue to be phased in over the next year. House Bill 36 is available in its entirety here.
The E-Verify law for North Carolina is being rolled out in the following phases:
- October 1, 2012, for employers that employ 500 or more employees.
- January 1, 2013, for employers that employ 100 or more but less than 500 employees.
- July 1, 2013, for employers that employ 25 or more but less than 100 employees.
Since October 1, 2011, counties and municipalities in North Carolina were required to use E-Verify, and each county and municipality was required to register and participate in E-Verify to verify the work authorization of new employees hired to work in the United States. The above dates will further enforce the requirements of the law for employers and under House Bill 36 businesses employing non-employment-authorized individuals will be subject to penalties.
The law also requires employers to retain records of its E-Verify verification of work authorization as long as the E-Verify authorized worker remains employed, and for one year after.