LLR Agrees to Revise Immigration Enforcement Procedures

After the South Carolina Chamber of Commerce held a series of meetings with the South Carolina Department of Labor, Licensing and Regulation (LLR), other business organizations and attorneys, LLR has agreed to revise its enforcement procedures in connection with the private employment provisions of the South Carolina Illegal Immigration Reform Act of 2008. Among the business community’s key concerns were significant disruptions to daily operations by unannounced site visits, requests for documents including I-9 forms and requests to interview employees. LLR’s revisions include:

Advance Notice of Inspection: Like federal inspections of employer I-9 forms, LLR is now providing several days notice prior to conducting an audit. This advance notice gives employers the opportunity to make administrative arrangements ahead of time to minimize disruption to business operations and promotes efficiency in the process by giving employers the time to make relevant documents available for inspection.

No Inspection of I-9 documents: In compliance with federal regulations pertaining to employment eligibility verification, LLR is no longer requesting to inspect I-9 forms and supporting documentation.

New Compliance Affirmation Form: In lieu of certain investigation practices, LLR has implemented a new “Affirmation of Legal Work Status” form to be signed by employers or their authorized representatives affirming that the employer is not knowingly or intentionally employing an unauthorized alien.

The South Carolina Chamber applauds LLR’s willingness to work in partnership with the South Carolina business community in order to ensure the laws of the state do not unfairly hinder businesses.

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