Georgia private employers with more than ten employees must register with and use E-Verify, counting only employees who work at least 35 hours a week, measured on January 1 (O.C.G.A. § 36-60-6). Every business license applicant files an E-Verify affidavit, including small employers, who file the exempt version. On public contracts for services over $2,499.99, contractors and every tier of subcontractor must use E-Verify regardless of size, unless they have no employees (§ 13-10-91).
E-Verify is the federal online system that checks a new hire's Form I-9 information against government records. Federal law requires every employer to complete Form I-9 for each new hire; Georgia goes further and requires many employers to use E-Verify as well. Getting this wrong can hold up your business license renewal or disqualify you from public work.
Private employers: the more-than-ten rule
"Every private employer with more than ten employees shall register with and utilize the federal work authorization program" (O.C.G.A. § 36-60-6(a)). Three details matter:
- The threshold is more than ten, so 11 or more employees.
- Only employees "employed to work not less than 35 hours per week" count.
- The count is taken on January 1 of the year you file the affidavit.
The affidavit comes with your business license
Every applicant for a business license or occupation tax certificate files a sworn affidavit on the Attorney General's form. It either confirms that you use E-Verify and gives your E-Verify user number and date of authority, or states that you employ fewer than 11 employees or are otherwise exempt. Small employers still file; they just file the exempt version. Renewals require the same user number or a sworn explanation if it changed. A knowingly false affidavit is a crime. See business license and occupation tax.
Public contracts: no size threshold
Different rules apply when you work for a Georgia public employer such as a state agency, city, county, or school district. A public employer "shall not enter into a contract for the physical performance of services" unless the contractor registers with and uses E-Verify and provides a signed, notarized affidavit (O.C.G.A. § 13-10-91). "Physical performance of services" means contracts where labor or services exceed $2,499.99 (§ 13-10-90).
- Subcontractors and sub-subcontractors must also use E-Verify and give affidavits up the chain.
- The more-than-ten threshold does not apply here. A three-person subcontractor on a school project needs E-Verify.
- The only exemption is for a contractor or subcontractor with no employees that doesn't plan to hire any for the contract; it can provide a copy of a driver's license or state ID instead.
Practical steps
- Count your 35-hour employees every January 1, and register before you cross ten.
- Keep your E-Verify user number and date of authority with your license renewal paperwork.
- Complete Form I-9 for every new hire whether or not you use E-Verify.
- Use E-Verify consistently for all new hires, not selectively, to avoid discrimination claims.
- On public jobs, collect affidavits from every sub before they start work, and keep them in the project file.
- Report new hires to the Georgia New Hire Reporting Program within 10 days. See paying employees.
Private vs. public-contract E-Verify rules
| Private employers | Public contracts | |
|---|---|---|
| Who must use E-Verify | More than ten employees working 35+ hours/week | Every contractor and subcontractor with employees |
| When counted | January 1 of the filing year | No count; applies regardless of size |
| Paperwork | Affidavit with business license application or renewal | Notarized affidavit for each contract, passed up the chain |
| Exemption | Fewer than 11 qualifying employees (still file exempt affidavit) | No employees and none to be hired |
| Law | O.C.G.A. § 36-60-6 | O.C.G.A. §§ 13-10-90, 13-10-91 |
Frequently Asked Questions
Is E-Verify mandatory in Georgia?
For private employers with more than ten employees who work at least 35 hours a week, yes (O.C.G.A. § 36-60-6). On public contracts, contractors and subcontractors with any employees must use it (§ 13-10-91).
Do part-time employees count toward Georgia's E-Verify threshold?
No. Only employees who work at least 35 hours per week count, and the count is taken on January 1 of the year you file the affidavit.
Do small subcontractors need E-Verify on Georgia public projects?
Yes, if they have any employees. The public-contract law has no employee-count threshold; only contractors with no employees are exempt.
Does a business with fewer than 11 employees file anything?
Yes. Every business license applicant files an affidavit; smaller employers file the version attesting they are exempt.
Sources
This guide is general information about Georgia law as of October 30, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Talk to a lawyer about your situation before you rely on a deadline or rule described here.