Short answer. Yes for private employers with 25 or more employees. Separate rules cover public employers. A penalty is stated.
At a glance
- Private employers
- An employer with 25 or more employees in the state must check each new employee through E-Verify after hiring. State agencies, counties and cities aren't employers under this law, and someone hired for less than nine months in a calendar year isn't counted as an employee.
- Public employers
- Every county and every city or town must register for and use E-Verify to check the work authorization of new employees (G.S. 153A-99.1 and 160A-169.1).
- In effect since
- Phased in by size for private employers: October 1, 2012 with 500 or more employees, January 1, 2013 with 100 to 499, and July 1, 2013 with 25 to 99. The county and city rules took effect October 1, 2011.
- Penalty
- For a first violation the Commissioner orders a sworn affidavit, with a $10,000 penalty if it isn't filed on time. A second violation brings a $1,000 penalty; a third or later, $2,000 for each verification the employer failed to make.
- Who enforces or publishes it
- North Carolina Commissioner of Labor (G.S. Chapter 64, Article 2)
In the official wording
Private employers
"employs 25 or more employees in this State."
Public employers
"Each county shall register and participate in E-Verify to verify the work authorization of new employees"
Effective date
"July 1, 2013, for employers that employ 25 or more but less than 100 employees."
Penalty
"a civil penalty of two thousand dollars ($2,000) for each required employee verification the employer failed to make."
Three example businesses
- 8 employees, private, no state contract: Not required by the headcount rule. See why
- 40 employees, private, no state contract: Required. See why
- 40 employees, private, with a state contract: Required. See why
Your own numbers: open the checker for North Carolina.
Worth knowing
A 2025-session bill (H1214, committee substitute of June 10, 2026) would add state and local government employers to the law. The text we opened is a bill, not a session law, so it isn't counted.
Not stated on the pages we opened: a rule for state contractors and limits on how E-Verify is used.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- G.S. Chapter 64, Article 2: Verification of Work Authorization, North Carolina General Assembly
- House Bill 1214 (Session 2025), committee substitute
- Session Law 2011-263 (House Bill 36), North Carolina General Assembly
- G.S. 160A-169.1, Municipality verification of employee work authorization, North Carolina General Assembly
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in North Carolina have to use E-Verify?
Private employers with 25 or more employees. An employer with 25 or more employees in the state must check each new employee through E-Verify after hiring. State agencies, counties and cities aren't employers under this law, and someone hired for less than nine months in a calendar year isn't counted as an employee. The official wording: "employs 25 or more employees in this State."
Does North Carolina require E-Verify for public employers?
Every county and every city or town must register for and use E-Verify to check the work authorization of new employees (G.S. 153A-99.1 and 160A-169.1).
When did the North Carolina rule take effect?
Phased in by size for private employers: October 1, 2012 with 500 or more employees, January 1, 2013 with 100 to 499, and July 1, 2013 with 25 to 99. The county and city rules took effect October 1, 2011.
What penalty does North Carolina law set?
For a first violation the Commissioner orders a sworn affidavit, with a $10,000 penalty if it isn't filed on time. A second violation brings a $1,000 penalty; a third or later, $2,000 for each verification the employer failed to make.
Is a Form I-9 still needed in North Carolina?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · Montana · Ohio