E-Verify Requirements & Information for Counties
E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
State law requires that every public employer and every private employer that contracts for the physical performance of services with a county must be registered with and use the E-Verify program. Private employers seeking an occupation tax certificate from the county will also have to register and use the E-Verify program starting January 1, 2012 for private employers with 500 or more employees. Private employers with 100 or more employees must register by July 1, 2012 and employers with more than10 employees must register by January 1, 2013. This program is free and it is the best means available for determining employment eligibility of new hires.
State law further requires all counties to post their E-Verify user identification number and date of authorization on their website. If your county does not maintain a website, this information must be published on the Carl Vinson Institute of Government website. If you do not know your user identification number or date of authorization for your county, contact E-Verify at 1-888-464-4218 or at E-Verify@dhs.gov
To register for E-Verify, please visit the U.S. Citizens and Immigration website at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES.
The NAICS code for government is 921 (Executive, Legislative, and Other General Government Support). You will need this code number to complete your registration. In registering, you will also need to complete the Memorandum of Understanding (MOU).
If you need assistance in completing the registration process or need additional information relating to E-Verify, please call their customer service number 1-888-464-4218, email them at E-Verify@dhs.gov or visit the E-Verify for Employers section on the website.
To sign up for a free webinar on how to register or use E-Verify, visit their webinar page.
E-Verify Public Works Contract Information
Georgia law requires that any private employer that contracts with a county for a public works contract must be registered for and use E-Verify. As such all 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 county is only responsible for the Contractor E-Verify Affidavit. The contractor is responsible for all subcontractor affidavits and the subcontractors are responsible for the sub-subcontractors affidavits.
E-Verify Occupation Tax Certificate (Business License) Private Employer Information
B eginning on January 1, 2012, private employers with 500 or more employees seeking an occupation tax certificate with the county will be required to register for and use E-Verify and to sign an E-Verify affidavit attesting to such. Private employers with 100 or more employees must be registered beginning on July 1, 2012 and employers with more than 10 employees must be registered beginning on July 1, 2013. If any employer has less than 11 employees, they are exempt from this requirement, but must complete an affidavit attesting that they are exempt.
Affidavit for Private Employers (Developed by ACCG and GMA): ACCG and GMA have created a joint private employer and exemption affidavit for your use. There have been many questions about the affidavits that the Attorney General’s Office has prepared for this purpose. Please consult with your county attorney before using this version of the affidavit.
Each year, counties must submit two new annual reports to the Department of Audits. The first report, the E-Verify Compliance Report, is due by December 31, 2011 and by that date for each subsequent year. This report will include the public employer's federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer.
The second report, the Occupation Tax Certificate (Business License) Report is due on December 31, 2012 and by that date for each subsequent year. This annual report will include each license or certificate issued by the county in the previous 12 months including the name of the person and business issued a license or other document and his or her federally assigned employment eligibility verification system user number as provided in the Private Employer E-Verify Affidavit.
Reporting details can be found on the Department of Audits website.