South Carolina E-Verify Legislation Guide

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Effective Date: June 6, 2004 and June 27, 2011

Status: Active Legislation

Legislation: H. 4400, S 20

Summary: Effective January 01, 2012, amendments to the “South Carolina Illegal Immigration and Reform Act”, signed into law by Governor Nikki Haley, require all employers to use the E-Verify system to verify the legal status of all new hires. Failure to enroll in and use E-Verify to verify new hires may result in probation for the employer, or a suspension, and possibly a revocation, of the employer’s business license(s).

A first offense of non-compliance by a private employer will result in the employer being placed on probation for a period of one year, during which the private employer must submit quarterly reports to the state government demonstrating compliance with the law. An additional violation within three year’s must result in the suspension of the private employer’s license(s) for at least 10 days. A third violation by a private employer may result in business license revocation.