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South Carolina Illegal Immigration Reform Act Now Applies to All Employers in State

July, 01 2010

In June 2008 South Carolina enacted legislation requiring all employers in the state to take extra steps to verify the eligibility of new hires to work in the United States. Previously, employers verified employment eligibility by filling out federal I-9 forms. The law was phased in over the next two years and, as of July 1, 2010, applies to all employers in the state.

In addition to filling out federally mandated I-9 forms, employers in South Carolina must take the extra step of using the federal E-verify program, or requiring the new hire to produce a valid driver’s license or state identification card from South Carolina or a state with proof-of-residency requirements at least as stringent as South Carolina’s.  (The state and its political subdivisions must use E-verify; only private employers may choose between the two methods of verification.) Under the law, the additional verification step must be taken within 5 days of hire. Failure to comply with the law may result in penalties and loss of the employer’s ability to employ individuals within the state, effectively shutting the employer’s business down. The state Department of Labor, Licensing and Regulation has enforcement power and has been actively auditing employers in various industries since the initial compliance date.

The law’s requirements only apply to employees hired after the compliance deadline applicable to the employer. Employers using driver’s licenses or state identification cards to verify eligibility may view the list of accepted states by visiting the S.C. Department of Motor Vehicles’ website, available by clicking here. Those who wish to use E-verify, or who want more information about the E-verify program, may visit the U.S. Department of Homeland Security’s E-verify webpage, available by clicking here.

Employers newly covered by the law should be prepared to use one of the two additional methods for verifying eligibility of their workers. Employers should also consider conducting a self-audit of their I-9s and eligibility verification procedures so they are prepared if notified by state or federal authorities of an audit. If you would like more information about your organization’s obligations under state and federal employment eligibility verification laws, or if you need assistance with a self-audit or government conducted compliance audit, please contact your labor and employment counsel, or contact us.

 

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