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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28571
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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If I have a company in North Carolina where I don't have to

Customer Question

If I have a company in North Carolina where I don't have to e-verify if I have less than 6 employees and I have a separate company in South Carolina where I am required to e-verify. If employees from both companies end up working on some of the same jobs in North Carolina is that going to throw a red flag. My SC guys would be covering mainly the SC jobs but every now and then I get a large job in NC were I would need both crews working. Also, now when my SC guys go to NC - I pay them under NC and withhold NC taxes.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Is this question related to immigration status for your employees or a question regarding e-Verify for government contracts?Judith
Customer: replied 1 year ago.
we don't do any government contracts but we do use e-verify. If I have an employee that does not pass the e-verify am i required to terminate their employment?
Customer: replied 1 year ago.
hello?
Expert:  Judith Ludwic replied 1 year ago.
I need to understand the bot***** *****ne of why the employee needs to be e-verified? If a contract or immigration requires you to use e-verify for the employee and the system is not confirming them, then you have to terminate them, send them with a copy of the print-out from the e-verify site and have them resolve the issue before you can put them back on payroll.That is the entire point of e-verify, to verify their employment eligibility for your protection.Of course, I am sure you understand yourpositive rating is very important to me as we are not on salary and that is howwe receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith
Customer: replied 1 year ago.
the state of SC requires all SC employers to use e-verify. The state of NC however does not require I use e-verify if I have less than 6 employees.
Expert:  Judith Ludwic replied 1 year ago.
Yes,you are throwing a red flag.You are moving SC workers to job sites in NC which requires you to e-verify if you have more than 6 employees.You cannot evade that law by keeping those SC workers on SC payroll and thereby avoid the e-verify requirement in NC for more than 6 employees.What you are doing there is defrauding NC regarding the workers who should be on NC payroll for purposes of taxes, workers, comp, etc, keeping them on SC payroll to avoid e-verify.That is not lawful.More than 6 workers in NC and you need to e-verify.Of course, I am sure you understand yourpositive rating is very important to me as we are not on salary and that is howwe receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith
Expert:  Judith Ludwic replied 11 months ago.
May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.Judith

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