State Immigration-Related Laws to Take Effect January 1

12/29/2008

Immigration-related laws in Missouri and South Carolina will take effect on January 1, 2009. In both states, certain state contractors will be required to participate in the E-Verify program to confirm the employment authorization of all new hires.

Missouri. Effective January 1, 2009, Missouri will require the use of E-Verify by employers that receive state contracts or grants in excess of $5,000, state-administered tax credits, tax abatements, or state-administered loans. These employers will be required to document their participation in E-Verify with a sworn affidavit. Any employer that employs unauthorized foreign workers may have its ability to conduct business in the state suspended. The state’s Attorney General will have enforcement authority, and may request employers to provide identification information on their employees. Employers must provide such documents within 15 business days of receiving such a request, and failure to do so may result in the suspension of a company’s applicable local licenses, permits, and exemptions until the documents are supplied.

South Carolina. A wide-ranging immigration law in South Carolina will begin to be implemented on January 1. Businesses with more than 500 employees that seek to enter into state contracts for services valued in excess of $25,000 ($15,000 if the contract is with a political subdivision of the state) will be required to either (1) participate in E-Verify to confirm the employment authorization of all new hires or (2) only hire employees that possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). These employers will also be required to certify compliance with the law.

South Carolina’s law will continue to be implemented incrementally. Private employers with 100 or more employees will have to meet the E-Verify/Driver’s License requirement by July 1, 2009.

State immigration laws including those that require the use of E-Verify do not supplant federal requirements to complete Form I-9 Employment Eligibility Verification.

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