In May and June 2011 respectively, the states of Georgia and North Carolina each passed laws mandating the use of E-Verify, an internet-based system, administered by the federal government, which allows businesses to determine the eligibility of their employees to work in the United States. Each of the state’s E-Verify requirements were implemented in stages and participation was phased in according to the employer’s size.

On July 1, 2013, the final phase of these states’ E-Verify laws went into effect when smaller employers were required to begin using the federal electronic employment verification program. Specifically, as of that date, employers that employ more than 10, but fewer than 100, employees in Georgia, and those that employ 25 or more, but fewer than 100, employees in North Carolina were obliged to participate in the E-Verify system.

Employers must have registered and participated in E-Verify by the applicable date. An employer covered by the legislation is required to enter a newly-hired employee’s information, as reported on the Form I-9, Employment Eligibility Verification, into the E-Verify system to confirm the eligibility of the employee to work in the United States.