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Governor Mark Sanford signed the “South Carolina Illegal Immigration and Reform Act” into law June 4, 2008. The law requires all employers to verify new employees’ legal status and prohibits employment of any worker not legally in this country and authorized to work. After July 1, 2009, all South Carolina businesses are imputed a South Carolina employment license which permits an employer to hire employees. The imputed employment license remains in effect as long as the business abides by the law.
Verification Requirements
Besides completing and maintaining the federal employment eligibility verification form (Form I-9) within five days after employing a new employee all South Carolina employers must:
- Verify the employee’s work authorization through the E-Verify federal work authorization program the U.S. Department of Homeland Security administers or
- Verify that the employee
- Possesses a valid South Carolina driver’s license or identification card issued
by the South Carolina Department of Motor Vehicles
- Is eligible to obtain a South Carolina driver’s license or ID card or
- Possesses a valid driver’s license or ID card from another state whose qualification
requirements are as strict as SC's.
The South Carolina Department of Motor Vehicles has determined that drivers’ licenses or identification cards issued by the following states are acceptable: AK, AZ, CT, FL, GA, ID, IN, ME (credentials issued after 11/15/08), MA, MI, NH, NJ, PA, RI, TX and VA. This list may be updated periodically. For the most current list, visit the DMV web site at:
www.scdmvonline.com
Compliance Dates
Verification requirements compliance began July 1, 2009 for private employers employing 100 or more employees. For private employers employing less than 100 employees, compliance began July 1, 2010.
Penalties
To assure compliance, the SC Department of Labor, Licensing and Regulation investigates complaints and randomly audits private employers.
The agency must:
- notify the US Immigration and Customs Enforcement of suspected unauthorized aliens employed by a private employer
- notify state and local law enforcement agencies responsible for enforcing state immigration laws
- assess penalties for violations. For violations of the procedures for hiring and verifying worker eligibility, a private employer can be assessed a civil penalty of not less than $100 and not more than $1,000 for each violation. Upon the first violation, the employer can avoid assessment of a penalty, if within 72 hours of notification of a violation, the employer complies with the verification provisions. An employer who knowingly or intentionally hires an unauthorized alien faces suspension or revocation of the employer’s imputed license. The employer cannot employ any employees while the license is suspended or revoked.
For More Information
Connect to U.S. Citizenship and Immigration Services E-Verify.
Read the law and learn about upcoming training programs across SC.
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