Georgia Employers With 11 Or More Employees Required To Use E-Verify For New Hires


As of July 1, 2013, all private employers in Georgia with more than ten employees should be enrolled in and using E-Verify (the federal employment verification system) for new hires or re-hires. The Georgia E-Verify requirements were enacted in 2011 and phased in over the last two years based on number of full-time (35 or more hours/week) employees counted on January 1 of each year.  Employers may enroll in E-Verify directly at the U.S. Citizenship and Immigration Services website or through a designated agent (such as your electronic I-9 service provider. Each year when you apply for or renew your business license, occupational tax certificate or other document required to operate a business in Georgia, you must provide evidence (such as your E-Verify Account number and the date of enrollment) that the company is enrolled in and uses E-Verify as required or that the company is exempt because you do not have the threshold number of employees.  Once you are enrolled in E-Verify as required by the Georgia immigration law, ensure that you comply with the E-Verify requirements (including only using it for new hires or re-hires, posting the required notices in both English and Spanish, processing the E-Verify query only after the offer of employment has been made and accepted, and taking no adverse action against any employee during the Tentative Non-Confirmation period).

E-Verify is likely to be implemented on a federal level as part of immigration reform legislation.  If that occurs, all employers regardless of the number of employees, will be required to use E-Verify.  Now is a good time to become familiar with the E-Verify requirements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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