Georgia E-Verify Requirements: Immigration Compliance for Private and Public Employers
Under the Georgia Security and Immigration Compliance Act, private employers with more than 10 employees are required to use E-Verify for all new hires. Failing to comply can result in the denial or immediate suspension of your local business license.
Immigration compliance is a critical operational requirement for businesses in Georgia. Unlike some states where federal immigration checks are optional, Georgia has enacted strict state-level mandates. The framework for this is O.C.G.A. § 13-10-91 (GSICA). This law integrates the federal E-Verify system into the core of Georgia's business licensing and public contracting processes.
Whether you are opening a new restaurant in Atlanta, renewing a business license in Savannah, or bidding on a municipal project in Macon, understanding your E-Verify obligations is non-negotiable. Because compliance involves strict deadlines and specific paperwork, many business owners consult with a local corporate attorney from our directory to ensure their onboarding processes meet state and federal standards.
Who Must Enroll in E-Verify in Georgia?
Georgia law divides E-Verify requirements into two main categories: private employers seeking standard business licenses, and businesses entering into public contracts with state or local government entities.
Private Businesses with More Than 10 Employees
Under O.C.G.A. § 36-60-6, any private employer operating in Georgia with more than 10 full-time employees must be enrolled in and actively utilize the federal E-Verify system to check the employment eligibility of all new hires. When a business applies for a new occupational tax certificate (business license) or attempts to renew an existing one with any city or county government in Georgia, they must submit a signed and notarized affidavit proving their E-Verify enrollment. Employers with 10 or fewer employees are exempt from registering with E-Verify, but they must still submit an official exemption affidavit swearing to their exempt status.
Public Works Contractors
The rules are even stricter for businesses working on public projects. Any contractor entering into a contract for the physical performance of services with a public employer (such as a school district, county, or state agency) must be enrolled in E-Verify, regardless of their employee count. Before a contract can be awarded, the business must provide a specialized affidavit containing their E-Verify user identification number and the date of authorization.
Subcontractor Affidavits
Compliance flows down the chain. If a contractor hires a subcontractor for a public works project, that subcontractor is also required to use E-Verify. The primary contractor is legally responsible for securing a Form Subcontractor Affidavit, Georgia, Department of Audits and Accounts, Subcontractor Affidavit under O.C.G.A. § 13-10-91(b)(3) from every subcontractor before allowing them to begin work on the project. Sub-subcontractors face the exact same requirements.
Step-by-Step E-Verify Enrollment Process
Enrolling in E-Verify is a federal process managed by the Department of Homeland Security, but it is required for Georgia state compliance. Here is the general process:
- Complete the standard Form I-9, FED, USCIS, Employment Eligibility Verification for the new employee.
- Visit the official federal E-Verify website and enroll your business by providing your Employer Identification Number (EIN) and basic company details.
- Sign the electronic Memorandum of Understanding (MOU) with the Department of Homeland Security.
- Once enrolled, you must input the information from the employee's I-9 form into the E-Verify system no later than the third business day after the employee starts work for pay.
- Receive a case result (usually Employment Authorized). If a Tentative Nonconfirmation (TNC) is issued, you must follow strict federal procedures to notify the employee and allow them time to resolve the discrepancy.
Penalties and License Suspension Risks
The penalties for ignoring Georgia's E-Verify mandate are swift and heavily impact your ability to operate. The Georgia Department of Audits and Accounts, Atlanta conducts periodic compliance audits. If a city or county discovers that a private employer with more than 10 employees failed to provide a valid E-Verify affidavit, the municipality is legally prohibited from issuing or renewing the business license. Operating without a valid business license can lead to municipal fines, forced closure, and civil injunctions.
For public contractors, failing to comply with GSICA can result in the immediate termination of the government contract, loss of payment, and being barred from bidding on future public projects in Georgia for a specified period.
Frequently Asked Questions (FAQ)
Do I need to verify my existing employees in E-Verify?
Generally, no. E-Verify is used for verifying the employment eligibility of new hires only. Federal rules typically prohibit using E-Verify to check existing employees unless your business is a federal contractor with a specific Federal Acquisition Regulation (FAR) clause.
What counts as an employee for the E-Verify threshold?
Under O.C.G.A. § 36-60-6(b), an employee is defined as an individual who works not less than 35 hours per week. If your business employs 10 or fewer such employees on January 1, you qualify for the statutory exemption.
Is E-Verify a replacement for the Form I-9?
No. E-Verify does not replace the I-9 requirement. Employers must still physically examine the employee's original identification documents and retain a properly completed Form I-9 on file.
How long does the E-Verify process take?
The actual online query takes only a few minutes, and results are often returned instantaneously. However, if there is a data mismatch, the resolution process can take several days or weeks.
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