E-Verify requirement for private employers with 25+ employees
North Carolina requires private employers that employ 25 or more employees in the state to verify the work authorization of newly hired employees through the federal E-Verify program. "Employee" is defined as any individual who provides services or labor for an employer for wages or other remuneration, excluding individuals whose term of employment is less than nine months in a calendar year. The requirement became effective on a staggered schedule: October 1, 2012, for employers with 500 or more employees; January 1, 2013, for employers with 100 or more employees; and July 1, 2013, for employers with 25 or more employees. State agencies, counties, municipalities, and other governmental bodies are excluded from the definition of "employer" under this statute. Private employers with 24 or fewer employees are not required to use E-Verify.
Form I-9 employment eligibility verification requirements
Federal law requires every employer in North Carolina—regardless of size—to complete and retain Form I-9, Employment Eligibility Verification, for each individual hired for employment after November 6, 1986. This requirement applies to all employees who perform labor or services in exchange for wages or other remuneration, including U.S. citizens and noncitizens. The mandate is codified at 8 U.S.C. § 1324a and enforced by the Department of Homeland Security through U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE).
Two-section completion structure
Form I-9 consists of two core sections that divide responsibility between employee and employer. Section 1 (Employee Information and Attestation) must be completed and signed by the employee no later than the first day of employment—defined as the date the employee begins performing labor or services for pay. Employees may complete Section 1 before the first day of employment, but not before accepting a job offer. In Section 1, the employee attests under penalty of perjury to their identity and employment authorization status (U.S. citizen, noncitizen national, lawful permanent resident, or alien authorized to work).
Section 2 (Employer Review and Attestation) must be completed by the employer or an authorized representative within three business days of the employee's hire date. For example, if an employee begins work on Monday, the employer must complete Section 2 by Thursday of that week. If the job lasts fewer than three business days, both Sections 1 and 2 must be completed by the first day of employment.
Document examination and List A / List B + C structure
To complete Section 2, the employer must physically examine original, unexpired documents presented by the employee. Employees choose which documents to present from the Lists of Acceptable Documents published by USCIS. List A documents (such as a U.S. passport or Permanent Resident Card) establish both identity and employment authorization; an employee presenting a List A document should not be asked to present additional documents. Alternatively, employees may present one document from List B (establishing identity only, such as a state driver's license) combined with one document from List C (establishing employment authorization only, such as an unrestricted Social Security card).
Employers cannot require employees to present specific documents, reject documents that reasonably appear to be genuine and relate to the employee, or treat employees differently based on citizenship status or national origin. Such conduct may violate the anti-discrimination provisions at 8 U.S.C. § 1324b(a)(6). The employer must examine each document to determine whether it reasonably appears to be genuine and relates to the employee presenting it, then record the document information in Section 2.
Authorized representatives
Employers may designate any person to complete Section 2 on their behalf, including personnel officers, foremen, agents, or others acting in the employer's interest. This person is an "authorized representative" and must perform all employer duties, including examining the employee's documents and completing Section 2. Employers remain liable for any violations committed by an authorized representative. Employees cannot act as authorized representatives for their own Form I-9.
Retention and storage
Employers must retain each completed Form I-9 for as long as the individual remains employed. After employment ends, the employer must retain the Form I-9 for whichever is later: three years after the date of hire, or one year after the date employment ends. Forms I-9 must not be filed with USCIS or ICE; employers retain them and make them available for inspection upon request by authorized government officers. Failure to properly complete, retain, or make Forms I-9 available for inspection can result in civil money penalties for each violation.
Reverification and rehire
If an employee's employment authorization expires, the employer must reverify the employee's continued work authorization by completing Supplement B, Reverification and Rehire (formerly Section 3), on or before the expiration date. The employee may present any acceptable List A or List C document showing continued employment authorization. Employers also use Supplement B when rehiring a former employee within three years of the date the original Form I-9 was completed.
Remote examination alternative
Employers participating in E-Verify may use an alternative procedure authorized by the Secretary of Homeland Security to remotely examine an employee's documents, rather than physically examining them. Employers using remote examination must indicate this on Form I-9. Employers not enrolled in E-Verify must physically examine documents in person.
Source: 8 U.S.C. § 1324a Source: USCIS Form I-9 page Source: USCIS Handbook for Employers M-274, Section 2.0 Source: USCIS Form I-9 Instructions Source: USCIS Completing Section 2