In June 2011, the U.S. Supreme Court held that states can pass laws mandating E-Verify for employers as part of their licensing laws, and many states – including South and North Carolina – have passed such laws. Recently, the U.S. Senate passed a bill (S. 3245) that would extend the E-Verify program for an additional three-year period until September 30, 2015. The House passed the bill on September 13, 2012, and President Obama signed it into law on September 28, 2012.

Employers must continue to remain alert concerning new developments in the area of immigration law. By adopting solid policies and good practices to abide by these new laws, employers will likely minimize their exposure should a federal or state audit occur.