E-Verify Legislation in South Carolina
Employer types affected by enacted state legislation:
YES |
NO |
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| State Contractors | X |
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| Private Employers | X |
South Carolina has legislation in place affecting current employers:
Immigration bill 4400 enacted on 6/4/08
South Carolina became the fifth state in the nation to pass a law being touted as the toughest in the United States. The law is long and very messy but in a nutshell:
- For public employers, subcontractors with five hundred or more employees must comply by January 1, 2009. For those with 100 to 500 employees, they new law takes effect July 2009. For smaller employers, the law takes effect on and after January 1, 2010.
- Contractors and their sub-contractors seeking to do business with state agencies must register for E-Verify or only employ workers with a valid South Carolina Driver’s license or an out-of-state driver’s license issued by state as strict as South Carolina.
- All employers with more than 100 employees (and their contractors and subcontractors) must, by July 1, 2009, either use E-Verify or timely and properly complete Form I-9 documents on each employee (which is already required under current federal law).
- Penalties are in two categories:
- 1: Businesses that do not verify employment status would be subject to a $100 to $1,000 fine per worker.
- 2: Businesses that knowingly hire illegal immigrants would be shut down for 10 to 30 days for a first offense, up to two months for a second offense and five years for a third offense. Reinstatement fees would cost up to $1,000.
- 1: Businesses that do not verify employment status would be subject to a $100 to $1,000 fine per worker.
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