Short answer. Yes for every employer, for new hires. Separate rules cover public employers and state contractors. A penalty is stated.
At a glance
- Private employers
- Every employer must verify each new employee through E-Verify within three business days after hiring.
- Public employers
- Every public employer must register with and use E-Verify to verify the employment authorization of all new employees (section 8-14-20(A)).
- State contractors
- A public employer may not sign a contract for the physical performance of services unless the contractor agrees to register with and use E-Verify for all new employees, and requires the same of its subcontractors and their sub-subcontractors (section 8-14-20(B)).
- In effect since
- January 1, 2012.
- Penalty
- For a first violation after July 1, 2012, one year's probation; a repeat within three years brings a license suspension of 10 to 30 days. For knowingly employing an unauthorized worker, the penalties escalate, and a private employer's licenses are revoked after a third occurrence.
- Who enforces or publishes it
- South Carolina Department of Labor, Licensing and Regulation, Office of Immigration Compliance
In the official wording
Private employers
Hiring in another state? Employer registration in South Carolina, done for you, or a free bookkeeping health check.
"all South Carolina employers must within three business days after employing a new employee"
Public employers
"Every public employer shall register and participate in the federal work authorization program"
State contractors
"A public employer may not enter into a services contract with a contractor for the physical performance of services"
Effective date
"You Must Verify All New Hires through E-Verify Effective January 1, 2012"
Penalty
"must place the employer on probation for a period of one year"
Three example businesses
- 8 employees, private, no state contract: Required. 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 South Carolina.
Worth knowing
The public employer and public contract rules are in section 8-14-20 of the Code of Laws (2008 Act No. 280, effective June 4, 2008; amended by 2011 Act No. 69, effective January 1, 2012).
Not stated on the pages we opened: 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
- Office of Immigration Compliance: You Must Verify All New Hires through E-Verify, SC LLR
- Title 8, Chapter 14, Unauthorized Aliens and Public Employment, South Carolina Code of Laws (South Carolina Legislature)
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 South Carolina have to use E-Verify?
Yes, every employer. Every employer must verify each new employee through E-Verify within three business days after hiring. The official wording: "all South Carolina employers must within three business days after employing a new employee."
Does South Carolina require E-Verify for public employers?
Every public employer must register with and use E-Verify to verify the employment authorization of all new employees (section 8-14-20(A)).
Do contractors with the state of South Carolina need E-Verify?
A public employer may not sign a contract for the physical performance of services unless the contractor agrees to register with and use E-Verify for all new employees, and requires the same of its subcontractors and their sub-subcontractors (section 8-14-20(B)).
When did the South Carolina rule take effect?
January 1, 2012.
What penalty does South Carolina law set?
For a first violation after July 1, 2012, one year's probation; a repeat within three years brings a license suspension of 10 to 30 days. For knowingly employing an unauthorized worker, the penalties escalate, and a private employer's licenses are revoked after a third occurrence.
Is a Form I-9 still needed in South 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 · Ohio · Tennessee
