Reminder: Phase 2 of E-Verify compliance requirements for GA companies takes effect July 1st.

[Editor’s Note: today’s post is brought to you by guest blogger Katie Nokes Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP.]

As discussed in our prior post about the Georgia E-Verify laws, the E-Verify requirements under the Georgia immigration law are staggered according to company size. On July 1st, Georgia employers with less than 500 but more than 100 employees must start using E-Verify.

Businesses with less than 99 but more than 11 workers have an additional year to comply with the E-Verify requirements (they must start by July 1, 2013). Businesses with 10 or less employees are exempt. The largest Georgia companies with 500 or more employees were required to begin their E-Verify use and compliance on January 1, 2012.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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Georgia Governor Signs Immigration Enforcement Law that Requires E-Verify

Today, the Governor of Georgia, Nathan Deal, signed into law a stringent immigration bill making the “Peach State” the latest to join the ever growing list of states that mandate E-Verify participation for private companies. The law also expands police powers to investigate the immigration status of certain suspects, penalizes people who transport or harbor illegal immigrants, and makes it a felony to use fake identification to get a job, amongst other immigration and related enforcement measures.

Full details of the new law can be found on the Georgia legislature web site.

You can also read the Governor’s Office official press release here.

Several years ago, Georgia enacted legislation requiring all state contractors and subcontractors use E-Verify. With today’s signing, Georgia’s new Illegal Immigration Reform and Enforcement Act of 2011 (also known as HB 87) widely expands the state’s E-Verify requirement, making it mandatory for many private businesses through a phased in approach. As of Jan. 1, 2012, private employers in Georgia with 500 or more employees must E-Verify newly hired full-time employees. Businesses with 100 or more employees but fewer than 500 must begin using E-Verify for newly hired full-time employees on or before July 1, 2012. Finally, the E-Verify requirement applies to all private businesses with between 11 and 99 employees starting July 1, 2013. It’s worth noting that businesses with 10 or fewer employees are exempt.

According to the new law, employers will be expected to provide evidence that the company is enrolled with E-Verify or is exempt from the requirement in the form of an affidavit that will be provided by the Attorney General and posted on the Department of Law’s official web site on later than January 1, 2012 . Failure to comply could result in the suspension or denial of a business license, occupational tax certificate, or other document required to operate a business in the state.

Arizona has a similar E-Verify law on the books. A coalition of businesses and immigrant rights groups is suing to stop Arizona’s law, arguing it is unconstitutional. The case is pending before the U.S. Supreme Court.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

State E-Verify Provisions Going into Effect on July 1

On July 1, 2009, several state E-Verify mandates will go into effect, affecting employers in Georgia, Mississippi, South Carolina and Utah. Most of these laws were enacted some time ago, and are being implemented in stages as indicated below. Here is a quick summary of these new state requirements as of July 1, 2009:

Georgia: all state contractors and subcontractors must use E-Verify if the contract is for the physical performance of services within the state of Georgia. Previously, only state contractors with 100 or more employees were impacted. More information can be found here.

Mississippi: all employers with 100 employees or more must participate in E-Verify. This law will expand to include employers with 30 or more employees in July 2010 and all employers in July 2011. The full text of the law can be found here.

South Carolina: all employers with 100 employees or more must either participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). This law will expand to include all employers in July 2010. More information is available through this link.

Utah: state contractors and subcontractors must use E-Verify or the Social Security Number Verification Service (SSNVS) if the contract is for the physical performance of services within the state of Utah. The full text of the law can be found here.