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 EmployersResearched by the I9AuditReady Research Team
·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
Are Your I-9s Audit-Ready?
E-Verify compliance starts with error-free I-9 forms. Use our free fine calculator to see your potential exposure, or start your I-9 audit today.