There is much confusion regarding Georgia’s E-Verify system for small business owners.  As of  July 1, 2013, business owners with more than 10 full-time employees will be required to comply with E-Verify.  A full-time employee is an employee who is employed “to work not less than 35 hours per week.” ^_[1] Business owners with 10 or fewer full-time employees will be exempt from E-Verify.  But don’t stop reading here – even if you are exempt, there is still paperwork!

What Evidence is Required to Show Exemption?

Before you receive your business license or occupational tax certificate, you will have to provide evidence to the County or City granting the license that you are exempt from the E-Verify requirements.  What evidence is required to show an exemption?  The Georgia Attorney General’s office is tasked with providing a form affidavit available to small businesses to sign and present to county or city officials showing exemption.  The exemption affidavit, as provided by the Georgia Attorney General’s Office, is located here:  Secretary of State Affidavit for 10 or Fewer Employees

What happens if you have more than 10 full time employees and fewer than 100?

You are now required to register with and utilize the federal work authorization program (“E-Verify”).  Similar to businesses with 10 or fewer employees, you are required to file an affidavit to receive city or county business licenses and tax certificates, except that the affidavit you sign will confirm compliance with E-Verify, rather than exemption from E-Verify.  That compliance affidavit, as provided by the Georgia Attorney General’s Office, is located here:  Secretary of State Affidavit for 11-99 Employees

The office of Smith, Gilliam, Williams & Miles has helped local and national businesses succeed for generations through our business law services.  Our attorneys can provide excellent counsel which will help your small business succeed.