North Carolina E-Verify Employer Mandate Law

NCGS 64-25 through 64-38 require every employer in North Carolina that employs 25 or more employees to register with and use the federal E-Verify program to verify the work authorization of newly hired employees. The mandate applies to private employers; governmental employers and certain contractors face additional requirements. Seasonal temporary employees who work 90 or fewer days during a consecutive 12-month period are excluded from the verification mandate. Employers must retain E-Verify documentation while a worker is employed and for one year after termination. The Commissioner of Labor enforces compliance through complaint-driven investigations, and willful violations carry escalating civil penalties.

First violations require the employer to file a sworn affidavit; subsequent violations carry civil penalties up to $1,000 per required employee not verified, with fees for each additional violation under NCGS 64-34.