Imminent Immigration Requirements in Georgia
June 21, 2012
Employers with employees in Georgia (regardless of where the employer’s headquarters are located) should be aware of the following requirements with respect to E-Verify, the federal electronic employment verification system that the Department of Homeland Security administers:
- Effective January 1, 2012, all private employers with 500 or more employees were required to participate in E-Verify to verify all new hires.
- By July 1, 2012, private employers of 100-499 employees must participate in E-Verify.
- By July 1, 2013, private employers of between 11 and 100 employees must participate in E-Verify.
- Private employers will be required to document participation in E-Verify in order to obtain a business license.
- Georgia takes the position that an employer must count all of its employees, not only its employees located in Georgia, in its count of employees for purposes of compliance with this requirement. For instance, an employer, which is headquartered in California and has 5 employees in Georgia but 250 employees throughout the U.S., will be considered subject to the July 1, 2012 deadline for complying with E-Verify.
- All contractors, subcontractors, and sub-subcontractors for contracts with public employers to perform physical services within Georgia are still subject to the requirement to participate in E-Verify contained in prior law.