Employers Must Check that All Employees Have Valid Work Authorization


            South Carolina adopted the Illegal Immigration Reform Act in 2008. The Act affects both private and public employers. The Act does not change an employer’s obligation to complete an Employment Eligibility Verification Form, also known as “Form I-9.” A business license is revoked if the employer does not properly verify that a newly hired employee has valid work authorization.

            To hire new employees, all private employers must have a valid employment license by July 1, 2009. The state will automatically impute a license to all private employers. The Act requires that all private employers verify if an employee is authorized to work. An employer may either (1) register in the federal program (E-Verify) or (2) employ only workers with, or eligible to get, a valid South Carolina driver’s license or identification ID. Employers cannot knowingly and intentionally employ unauthorized aliens.

            Public employers must use E-Verify for all new employees and must act in good faith to determine if a private service provider meets the Act requirements. A written statement by the private contractor certifying compliance is sufficient. Also called the Basic Pilot Program, E-Verify is available in all 50 states. The Act has only been extended until March 6, 2009 and it is up to Congress to authorize a longer extension. Employers may register for the program at https://www.vis-dhs.com and must give notice to employees and applicants. 

            Employers must enter the information on Form I-9 into the E-Verify system and continue checking the employees’ statuses. Most inquiries are resolved immediately; an employer will receive a “tentative non-confirmation notice” otherwise. An employee has 8 federal workdays to clear up his status once a tentative non-confirmation notice is received. Employers must remember they cannot take adverse action (fire, suspend, not pay) against employees meanwhile. Once they receive a final non-confirmation, employers must terminate the employee.  For more information about E-Verify, go to www.dhs.gov/e-verify.

            This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.


Posted by Ryan McCabe at 3/11/2009 8:16 AM
Categories: Employers
 

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