Deadline Approaching for South Carolina Small Businesses to Comply with Illegal Immigration Law

Beginning July 1, 2010, private employers with fewer than 100 workers will need to comply with the employment verification requirements of the South Carolina Illegal Immigration Reform Act.

South Carolina Illegal Immigration Reform Act
The Act, signed into law by Governor Sanford in 2008, requires employers to verify the legal status of new employees. It also prohibits the employment of any worker who is not legally in this country and authorized to work.

Verification Requirements
Employers have two options when it comes to Act compliance. They can:

• Complete and maintain an I-9 Form on newly hired employees and verify their work status through the federal E-Verify program.
• Complete and maintain an I-9 Form on the new employee and verify that the employee possesses either a S.C. driver’s license or identification card; is qualified to obtain one; or has an out-of-state driver’s license from a state having qualification requirements as strict as those in this state (click here for a list of states).

Penalties
The S.C. Department of Labor, Licensing and Regulation will be investigating complaints and conducting random audits of private employers to assure compliance. A private employer who violates the verification procedures can be assessed a civil penalty of $100-$1000 per violation. An employer who knowingly or intentionally hires an unauthorized alien faces suspension or revocation of the employer’s license.

Enroll in E-Verify
Click here to enroll in the Department of Homeland Security’s E-Verify Program.

Contact Us
Please contact us if you have questions relating to Act compliance and its impact on your business.