Short answer. Yes for private employers with 11 or more employees. Separate rules cover public employers and state contractors.
At a glance
- Private employers
- A private employer with more than 10 employees must be registered with and use E-Verify, and swears to it on an affidavit when applying for or renewing a local business license. Employers with 10 or fewer sign an exemption affidavit instead.
- Public employers
- Every public employer must register for and use E-Verify.
- State contractors
- A contractor working for a public employer swears it is registered with and uses E-Verify, keeps using it for the whole contract, and subcontracts physical services only to firms that give the same affidavit.
- In effect since
- Phased in through local business license (occupation tax certificate) applications: January 1, 2012 for private employers with 500 or more employees, July 1, 2012 for 100 or more, and July 1, 2013 for more than 10.
- Who enforces or publishes it
- Georgia cities and counties (business license affidavits) and public employers (contract affidavits)
In the official wording
Private employers
"On January 1st of the below signed year the individual, firm, or corporation employed more than ten (10) employees."
Public employers
"every public employer shall register and participate in the federal work authorization program"
State contractors
"has registered with, is authorized to use and uses the Federal Work Authorization Program commonly known as E-Verify"
Effective date
"employers with more than 10 employees must be registered beginning on July 1, 2013."
Three example businesses
- 8 employees, private, no state contract: Not required by the headcount rule. See why
- 40 employees, private, no state contract: Required. See why
- 40 employees, private, with a state contract: Required. See why
Your own numbers: open the checker for Georgia.
Worth knowing
The headcount wording comes from a city's private employer affidavit under O.C.G.A. 36-60-6(d); a county audit report describes the same rule as ten or more employees, so check the affidavit your city or county uses. The headcount is taken on January 1 of the license year.
Not stated on the pages we opened: a penalty and limits on how E-Verify is used.
Hiring someone remote in New Jersey? MCC Solutions acts as an I-9 authorized representative: we meet the new hire, examine the original documents and complete Section 2 for you, from $65 per employee. E-Verify cases are created by the employer, in its own E-Verify account; we don't create them.
Official sources
- Business License / Occupation Tax Certificate Private Employer Affidavit, City of Marietta
- Security Immigration and Compliance Affidavit (E-Verify), Georgia Division of Family and Children Services
- Georgia Security and Immigration Compliance Act Audit Report, Fulton County Office of the County Auditor (May 16, 2025)
- E-Verify, Augusta, Georgia (Augusta-Richmond County)
General information, not legal advice. Checked November 2026. Federal rules on Form I-9 and E-Verify timing are on the all-states table.
Common questions
Do private employers in Georgia have to use E-Verify?
Private employers with 11 or more employees. A private employer with more than 10 employees must be registered with and use E-Verify, and swears to it on an affidavit when applying for or renewing a local business license. Employers with 10 or fewer sign an exemption affidavit instead. The official wording: "On January 1st of the below signed year the individual, firm, or corporation employed more than ten (10) employees."
Does Georgia require E-Verify for public employers?
Every public employer must register for and use E-Verify.
Do contractors with the state of Georgia need E-Verify?
A contractor working for a public employer swears it is registered with and uses E-Verify, keeps using it for the whole contract, and subcontracts physical services only to firms that give the same affidavit.
When did the Georgia rule take effect?
Phased in through local business license (occupation tax certificate) applications: January 1, 2012 for private employers with 500 or more employees, July 1, 2012 for 100 or more, and July 1, 2013 for more than 10.
Is a Form I-9 still needed in Georgia?
Yes. Every employer completes Form I-9 for each hire under federal law, and an E-Verify case is created from the finished form, so the state rule adds to the I-9 rather than replacing it.
All states: E-Verify requirements by state · Florida · Illinois