E-Verify Requirements in South Carolina: 2026 Employer Guide

South Carolina requires all employers to use E-Verify for every new hire. There is no size threshold — all employers, public and private, must participate.

Mandatory — All Employers

Researched by the I9AuditReady Research Team

Last Updated: April 2026

South Carolina E-Verify at a Glance

Requirement Level: Mandatory — All Employers
Applies To: All employers — no size threshold
Employee Threshold: All employers
Key Statute: S.C. Code § 41-8-20
Effective Date: January 1, 2012

South Carolina E-Verify Requirements for Employers

South Carolina law requires E-Verify for all employers.

South Carolina requires all employers to use E-Verify for every new hire. There is no size threshold — all employers, public and private, must participate.

Key Facts: E-Verify in South Carolina

South Carolina requires all employers — regardless of size — to use E-Verify under S.C. Code § 41-8-20, effective January 1, 2012.
South Carolina is one of a small number of states with no employer size exemption — a business with a single employee must use E-Verify.
A third E-Verify violation in South Carolina can result in permanent revocation of all required business licenses.

Penalties for Non-Compliance in South Carolina

First violation: civil penalty and required probation with quarterly compliance reports for 3 years. Second violation during probation: suspension of required licenses for 10 days or until compliance. Third violation: permanent revocation of required licenses.

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

Independent contractors who are not employees

South Carolina E-Verify: Frequently Asked Questions

Does South Carolina require E-Verify for small businesses?

Yes. South Carolina requires ALL employers — including businesses with just one employee — to use E-Verify for every new hire under S.C. Code § 41-8-20. There is no minimum employee threshold for the South Carolina mandate.

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

First violation: civil penalty plus 3-year probation with quarterly compliance reports. Second violation: 10-day suspension of required licenses or until compliance. Third violation: permanent license revocation.

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

South Carolina's E-Verify mandate for all employers took effect January 1, 2012 under S.C. Code § 41-8-20.

Do South Carolina contractors have to use E-Verify for subcontractors?

South Carolina contractors must use E-Verify for their own employees. They must also include E-Verify compliance requirements in contracts with subcontractors, who are independently responsible for verifying their own employees.

Nearby State Requirements

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

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