Wednesday, June 22, 2011

North Carolina Passes E-Verify Mandate

North Carolina appears poised to join a growing number of states that require cities, counties, and businesses to check the immigration status of new hires through a federal database known as E-Verify.  A bill requiring the phase-in of E-Verify beginning in October of this year easily passed the Republican-led legislature on Saturday and now goes to Governor Beverly Perdue for signature.

E-Verify is an Internet-based system that compares personal information about an applicant to Department of Homeland Security and Social Security Administration records to confirm employment eligibility.  It gained national attention earlier this month when the U. S. Supreme Court ruled that states could require employers to use the system.

If signed by the Governor, the bill would require cities and counties in North Carolina to become E-Verify compliant by October 1, 2011.  Companies with 500 or more employees would have until October 1, 2012, those with 100-500 employees until January 1, 2013, and smaller employers with 25-100 employees would not be required to comply until July 1, 2013.  Businesses will not be required to verify the employment eligibility of current employees or individuals in certain exempt industries, such as short-term agricultural workers.  Also, because the law does not apply to companies with less than 25 employees, more that half of the state’s employers will not be required to use E-Verify at all.

The text of the North Carolina E-Verify law can be found here.

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