PRIVATE BUSINESSES IN GEORGIA AND THE E-VERIFY REQUIREMENT

The Illegal Immigration Reform and Enforcement Act (IIREA) of 2011 (HB 87) was signed into law by Georgia Governor Nathan Deal on May 13, 2011.  Among other things, this Act requires private businesses in the state of Georgia with 11 or more employees to utilize E-Verify to confirm employment eligibility status of newly hired employees beginning January 1, 2012.

The implementation date of the new guidelines are being carried out in phases, correlating to the private employer’s total number of employees, which are defined as those employees working 35 hours or more as of January 1, 2012:

1. Private employers in Georgia with 500 or more employees must use E-Verify for new hires on or before January 1, 2012.

2. Private employers in Georgia with 100 or more employees but fewer than 500 must use E-Verify for new hires on or before July 1, 2012.

3. Private employers in Georgia with between 11 and 99 employees must use E-Verify for new hires on or before July 1, 2013.

4. Private employers in Georgia with 10 or fewer employees are exempt from the law, but will need to complete an affidavit stating that they are exempt from the law.

The IIREA provides that businesses will not be able to get new or renewed business licenses, or other required business documents, unless they provide an affidavit attesting that they use the E-Verify program in accordance with federal regulations, or that they are exempted from the IIREA.

Additionally, the E-Verify section of the IIREA provides new and severe penalties for illegal immigrants and those who hire or help them.  It also imposes criminal penalties for “[a]ny person who knowingly and willfully submits a false, fictitious, or fraudulent statement in an affidavit.”  Verification of compliance is enforced by the Georgia Department of Audits and Accounts; and the state auditor will conduct random audits of businesses to enforce the IIREA.  Once deficiencies are identified, an employer has 30 days to correct them before liability will be imposed.

The requirement to E-Verify for Private Businesses only applies to NEW HIRES.

The E-Verify system is not a substitute for the Form I-9 process. Employers must continue to complete and maintain I-9 forms as already required.[1]E-Verify is a free federal electronic work authorization program administered by the U.S. Department of Homeland Security and the Social Security Administration that allows businesses to verify the eligibility of their employees to work in the United States.