South Carolina Immigration and Work Eligibility Laws

Overview of Work-Eligibility Compliance

Hiring in South Carolina? Then you’re already working under the federal Immigration Reform and Control Act (IRCA) rules. That means you need to complete Form I-9 for every new hire within three business days and keep that sucker on file for three years after the date of hire or one year after termination, whichever is later.

But South Carolina has its own laws that go above and beyond—especially when it comes to E-Verify. In fact, the state has one of the strictest E-Verify mandates in the country. So buckle up, employers. Here’s what you need to know.

Immigration Reform and Control Act (IRCA) Compliance in South Carolina

Does South Carolina Law Differ From Federal IRCA?

The I-9 process itself? No changes. But South Carolina’s South Carolina Illegal Immigration Reform Act adds a few enforcement angles:

• Employers are prohibited from knowingly hiring unauthorized workers
• State officials can conduct compliance audits
• Public complaints can trigger investigations into hiring practices

Common Employer Questions About IRCA in South Carolina

Which I-9 documents are most frequently rejected? Expired IDs, mismatched documentation, and incomplete Section 2s top the list.

Can we accept a digital driver’s license? Nope. Still not accepted under federal I-9 rules.

How soon must the I-9 be completed for remote hires? Section 1 by the first day of work; Section 2 within three business days. Use a remote representative for in-person doc inspection.

Are photocopies of documents permitted? Only for recordkeeping—and only if you apply the policy consistently across the board.

Municipalities in South Carolina With Additional IRCA-Related Requirements

None. South Carolina law preempts local ordinances when it comes to employment eligibility. It’s one statewide standard.

E-Verify Requirements in South Carolina

Is E-Verify Mandated Beyond Federal Law?

Yes—and it’s required for all employers, public and private, no exceptions:

• South Carolina Code § 41-8-10 mandates that every employer must enroll in and use E-Verify to confirm the legal work status of all new hires
• This has been in effect since July 1, 2010
• Failure to comply can result in civil penalties and probationary monitoring

Common Employer Questions About E-Verify in South Carolina

When must the E-Verify case be opened—hire date or start date? Within three business days of the employee’s start date.

What do we do with a “Tentative Non-Confirmation”? You must issue the Further Action Notice, give the employee a chance to contest, and pause any employment action until resolved.

How are remote workers handled? Use an in-person authorized representative to inspect the documents. Then run the E-Verify check as usual.

Are there civil vs. criminal penalties for non-use? Yes. First-time violations can result in a warning and probation, while repeated violations can lead to:

• Fines
• Suspension of business licenses
• Public listing of noncompliant employers

Local E-Verify Ordinances in South Carolina

Nope—no municipal-level E-Verify rules allowed. The state keeps it centralized.

Visa & Employment Authorization Rules in South Carolina

State-Specific Restrictions or Accommodations

South Carolina requires proof of lawful presence for many state occupational licenses, including:

• Teachers and administrators
• Medical professionals
• Engineers and contractors

South Carolina also participates in the Conrad 30 J-1 waiver program for placing doctors in underserved areas.

Common Employer Questions About Visa Sponsorship and EADs in South Carolina

Can we file H-1B transfers for employees living out of state? Yes—South Carolina has no restrictions on federal visa sponsorship programs.

Must we update payroll tax status when an EAD renews? Yes, and don’t forget to reverify the I-9 while you’re at it.

Is there a state fee or notice requirement for foreign-worker layoffs? Nope. Only the federal WARN Act applies.

Municipal Ordinances Affecting Visa/EAD Employment Eligibility

There are no city-level mandates, but general anti-discrimination laws may apply to hiring practices.

Penalties for Non-Compliance in South Carolina

State-level enforcement is no joke:

• First offense: written warning and 3-year probation
• Second offense: additional probation, $1,000 per unauthorized worker
• Third offense: business license suspension up to 10 days

Add in federal penalties:

• $281–$2,789 per I-9 paperwork error
• Up to $27,894 per unauthorized hire

Record-Keeping & Retention Guidelines

Standard federal rules apply:

• Retain I-9s for three years after hire or one year after termination, whichever is longer
• Keep E-Verify documents securely stored alongside the I-9s

No extra retention rules from the state.

Anti-Discrimination & Retaliation Protections

South Carolina follows federal anti-discrimination laws via INA § 274B, and the South Carolina Human Affairs Law prohibits:

• Discrimination based on national origin, race, or ancestry
• Retaliation for reporting violations or filing complaints

But unlike some other states, South Carolina doesn’t have expanded protections for undocumented workers.

Employer Best Practices for Immigration and Work Eligibility Laws in South Carolina

• Enroll in E-Verify—you don’t have a choice
• Store I-9s and E-Verify records in a secure, centralized system
• Run internal audits every 6–12 months
• Train HR and hiring managers on document handling and bias avoidance
• Use alerts to stay on top of reverification deadlines

How WorkforceHub Simplifies Immigration and Work Eligibility Compliance

South Carolina’s strict E-Verify rules and active enforcement make WorkforceHub a lifesaver:

• Real-time Form I-9 error checks and guided workflows
• Built-in E-Verify integration and status tracking
• Automated reverification reminders
• Encrypted digital vault for document storage
• Custom reports for audits or inspections

See a demo to learn how WorkforceHub keeps your South Carolina hiring process locked down and compliant.