Georgia E-Verify

Have you been asked to get a `federal work authorization user identification number` and have no clue what it is? We have the answer!

Need information about Georgia E-Verify? We’ve got it!

We make Georgia E-Verify easy! Let Verifyi9 manage your Georgia EVerify program.Georgia employers of more than 10 full-time workers must enroll in E-Verify. E-Verify (or an accepted exemption) is required in Georgia to receive a business license or professional license. Many city and county governments provide the required affidavit form or exemption affidavit, and notary at the time of application.

Public contracts: The Georgia EVerify law requires contractors and all sub-contractors on Georgia public contracts (contracts with a government agency) for the physical performance of services³ over $2,499.99 in value to enroll in E-Verify, regardless of the number of employees. A contractor or sub-contractor may be exempt from this requirement if the contractor or sub-contractor has no employees and does not hire nor intend to hire employees for the purpose of completing any part of the public contract.¹ Certain professions are also exempt.²

For a public contract, contractors must sign the Contractor E-Verify Affidavit, all subcontractors must sign the Subcontractor E-Verify Affidavit and all Sub-subcontractors must sign the Sub-Subcontractor Affidavit. The government agency is required to ensure that the Contractor E-Verify Affidavit is part of the contract; however, the contractor is responsible for all subcontractor affidavits and the subcontractors are responsible for the sub-subcontractors affidavits.

E-Verify is not required for contracts solely involving the purchase of goods by a government agency.³

Public employers, contractors and subcontractors are required to post their federally-issued Georgia E-Verify user identification number and date of authorization to use E-Verify on their website. We provide the Client Company ID number (also known as a “federal work authorization number”) to our clients.

Georgia E-Verify Contractor Affidavits & Other Compliance Documents

HB-1027 (2012) expanded the definition of a `business enterprise` in the entertainment industry, for the purpose of qualifying for certain tax breaks, to include affiliates registered for and authorized to use the E-Verify system.

Our E-Verify service satisfies the requirements of the Georgia E-Verify law and is being used by numerous Georgia employers.

Sign Up for E-Verify

We make Georgia E-Verify easy! Let Verifyi9 manage your Georgia EVerify program.Verify I-9, LLC is an Employer Agent of the E-Verify program, approved by the United States Citizenship and Immigration Service to verify the workforce of employers in all 50 states.

We take the headaches and confusion out of E-Verify! We make E-Verify easy.

House Bill 87, passed by the Georgia General Assembly during the 2011 session, amends the Georgia E-Verify law (Georgia Security and Immigration Compliance Act or GSICA, enacted 2009) to require private employers to use EVerify to check the employment eligibility of their new hires.

The Georgia E-Verify law authorizes the Labor Commissioner to conduct at least 100 random audits of public employers and contractors. The Labor Commissioner can also audit an employer when reasonable grounds exist to suspect a violation of the law.

Sign Up for E-Verify

I already report our new hires through the Georgia new hire program. Why do this?

Federal and State law requires employers to report newly hired and re-hired employees in Georgia to the Georgia New Hire Reporting Program. It and E-Verify are not the same thing, nor does new hire reporting replace E-Verify when E-Verify is required. Georgia employers who meet the legal requirement for E-Verify must participate in both. More info

How do I count employees to determine if I must enroll my company?

For the purposes of E-Verify, an “employee” is only those individuals (i) “whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual’s compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099” and (ii) who are “employed to work not less than 35 hours per week”. In other words, you will not count independent contractors nor employees who work fewer than 35 hours a week. For the purpose of renewing your business license, the number of employees on January 1 determines whether or not you are required to enroll.

Remember that, if you hold or are seeking a public contract, you may be required to enroll regardless of how many full-time employees you have.

We are not based in Georgia, but we have employees there. Does GA law require us to enroll?

The answer to this question hinges on the Georgia law’s definition of a “full-time employee” which, for the purpose of E-Verify, does not distinguish between in-state and out-of-state workers. Generally, if your company would be required to enroll were it located within the state (more than 10 employees under the same FEIN, holding a public contract, etc.), then you are probably required to enroll. However, we can enroll your Georgia hiring site(s) only, which would not obligate you to verify all new hires company-wide. If your Georgia employees work under a different FEIN, then only those employees should be counted in determining whether or not state law requires enrollment.

Notes

¹ An exempt contractor or sub-contractor can meet the requirements of the law by providing an unexpired driver’s license or identification card issued by a state on a list of approved states. A contractor or sub-contractor is exempt if he is an individual with no employees and no intent to hire employees to work on the contract.

² For public contracts, the definition of “employer” does not include individuals licensed under Title 26 or Title 43 of the OCGA, or the State Bar of Georgia, whose license is in good standing. Title 43 constitutes all of the licenses issued by the GA Secretary of State, including but not limited to, accountants, social workers, architects, auctioneers, engineers and land surveyors, operators of hotels, contractors, plumbers, real estate appraisers and pest control. To be exempt, the licensed individual must be the one to perform the service.

³ A qualifying contract is any service or labor contract over $2499.99. Qualifying contracts are for services like landscaping, janitorial, construction, consulting, security and testing, but not for contracts that do not require the physical performance of services like equipment purchases, office supplies, leases or rentals.

[NOTE: This information is presented for general educational purposes only. It is not legal advice, neither expressed nor implied. You should consult with legal counsel before acting on the information found on this page or for any employment law matter. This page may contain links to resources not a part of our web site. We are not responsible for the accuracy of those resources. This information is subject to change without notice. This page was last updated on March 17, 2014.]