5 States add E-Verify Requirements for Employers

On January 1, 2012 several new E-Verify laws became effective: Now many employers in Louisiana, Alabama, Tennessee, South Carolina and Georgia must use E-Verify, however the terms of the E-Verify requirements vary from state to state. More particularly:

• Alabama: The new requirement goes into effect for state contractors on January 1, 2012 and for all employers and business entities on April 1, 2012

• Georgia: The new E-Verify requirement mandates that employers with 500 or more workers use E-Verify for their employees starting on January 1, 2012. As of July 1, 2012, businesses of 100 or more employees will have to start using E-Verify as well, and as of January of 2013, all businesses with 10 or more employees will have to use the system. Businesses of fewer than ten employees are exempt from the E-Verify requirement.

• Louisiana: The new requirement applies to private employers who will bid on public entity projects or enter into such contracts on or after January 1, 2012. Under the new law, private employers who bid on or enter into a public entity contract for physical performance of services must confirm in a sworn affidavit that the employer is using E-Verify to validate the legal citizen or legal alien status for all employees in the United States. If the employer in question is awarded the contract, he must conduct E-Verify queries for all new hires in Louisiana who will be used for the duration of the contract.. This requirement applies to general and sub-contractors.

• South Carolina: The South Carolina Illegal Immigration and Reform Act requires all employers to enroll in E-Verify effective January 1. 2012, and to verify the legal status of all new hires via E-Verify within three business days.

• Tennessee: The Tennessee Lawful Employment Act of 2011 mandates that all state and local government agencies, as well as all private employers with 500 or more employees, must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from all new hires starting on January 1, 2012. The implementation date of a mandatory E-Verify requirement for private employers with 200 to 499 employees is July 1, 2012, and for employers with 6 to 199 employees the requirement starts on July 1, 2013.

If you believe your company may be subject to any of these requirements, call Valentine at 215 979 1840 or send her an email at vbrown@duanemorris.com to disuss your options.

About vbimmigration

For More Information Call 215 979 1840 Immigration Law Partner at Duane Morris, LLP. 20 years representing companies and individuals in all aspects of immigration law. H-1Bs, L-1s, TNs, PERM, Global immigration; compliance; working visas; green cards; consular processing citizenship and deportation.
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