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E-Verify Requirements in North Carolina: 2026 Employer Guide

North Carolina requires all employers with 25 or more employees to use E-Verify. Public employers and contractors must comply regardless of size. The requirement was phased in starting with larger employers.

Mandatory — All Employers

Researched by the I9AuditReady Research Team

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Last Updated: April 2026

North Carolina E-Verify at a Glance

Requirement Level
Mandatory — All Employers
Applies To
Private employers with 25+ employees; all public employers and contractors
Employee Threshold
25+ employees
Key Statute
N.C.G.S. § 64-26
Effective Date
October 1, 2012

North Carolina E-Verify Requirements for Employers

North Carolina law requires E-Verify for employers with 25 or more employees.

North Carolina requires all employers with 25 or more employees to use E-Verify. Public employers and contractors must comply regardless of size. The requirement was phased in starting with larger employers.

Key Facts: E-Verify in North Carolina

  • North Carolina requires all employers with 25 or more employees to use E-Verify for new hires under N.C.G.S. § 64-26, effective October 1, 2012 for employers with 25+ employees.
  • North Carolina civil penalties for E-Verify non-compliance can reach $1,000 per day per violation.
  • North Carolina employers found in second violation may be debarred from state contracts for a period determined by the court.

Penalties for Non-Compliance in North Carolina

Employers who fail to verify employees as required may be assessed civil penalties of up to $1,000 per violation per day. Repeat violations carry higher penalties. Employers may also be debarred from state contracts.

Note: Federal I-9 penalties apply in addition to any state E-Verify penalties. Consulting employment counsel is advisable before responding to any state or federal enforcement action.

Exceptions and Exemptions

  • Employers with fewer than 25 employees
  • Domestic service workers

North Carolina E-Verify: Frequently Asked Questions

Does North Carolina require E-Verify for small businesses?

North Carolina requires E-Verify for employers with 25 or more employees under N.C.G.S. § 64-26. Businesses with fewer than 25 employees are exempt from the private employer mandate. All public employers and contractors must comply regardless of size.

What are the penalties for not using E-Verify in North Carolina?

North Carolina employers who fail to use E-Verify as required can be assessed civil penalties of up to $1,000 per violation per day. Courts may also order the employer to use E-Verify and impose debarment from state contracts for repeat violations.

When did North Carolina's E-Verify law take effect?

North Carolina's E-Verify mandate was phased in by employer size. The final phase — covering employers with 25 or more employees — took effect October 1, 2012 under N.C.G.S. § 64-26.

Do North Carolina contractors have to use E-Verify?

Yes. North Carolina contractors performing work for state or local government must use E-Verify regardless of company size. Subcontractors must also comply.

Nearby State Requirements

Virginia(Public only)Tennessee(Mandatory)South Carolina(Mandatory)Georgia(Mandatory)
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