What is E-Verify
E-Verify as explained below is now a requirement of all institutions within the University System of Georgia. This information is provided to help campus users understand the requirement and the responsibilities for meeting this State law in our everyday operations.
Background: U. S. law requires companies to employ only individuals who may legally work in the United States, either U.S. citizens or foreign citizens who have the necessary authorization. E-Verify is the current internet based system that allows businesses to determine the eligibility of their employees to work in the United States. This system is administered by the U. S. Citizenship and Immigration Services of the Department of Homeland Security. For more information on the E-Verify system please see http://www.dhs.gov/e-verify.
Effective July 1, 2013, Georgia law O.C.G.A Section 13-10-90 was amended by Senate Bill 160 to require vendors and other entities who provide services to State agencies (including Georgia Southern) valued at $2,500 or greater to provide an E-Verify affidavit prior to the service being contracted or procured. The requirement for this affidavit extends to all subcontractors as well.
- “Physical performance of services” was defined as “performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2,499.99.
- Contract: A contract can be a formal written agreement, an order form, a purchase order or a verbal agreement. If in doubt, please contact email@example.com for advice. Effective immediately, all contracts or requests for services of $2,500 or greater must be in writing regardless of the method of payment.
To augment the definition above, a listing of the types of services which require a vendor to have an E-Verify affidavit can be found at List of Services.
Applicability: This requirement is not restricted to commercial vendors. eVerify affidavit is required from other schools, colleges and universities and state agencies. It is also not restricted to services within the State of Georgia. Vendors or companies having no employees are allowed to provide a copy of their driver’s license in lieu of the affidavit providing the state issuing the driver’s license verifies immigration status as part of the process of issuing the license. For a listing of those states who meet this requirement see Listing of States.
The State of Georgia does verify immigration status as part of their license processing.
Please see the FAQs section located at Frequently Asked Questions for answers to some common questions.
An example of the affidavit form can be found at Contract Affidavit.
Responsibilities: The following departments are responsible for obtaining a completed E-
- Facilities (Physical Plant): Facilities as part of their bid process, obtains the required affidavits for facility contracts under their purview.
- Procurement: Procurement obtains required affidavits as part of the RFQ/RFP process, purchase order process and annual contract renewal process.
- Campus Departments: Campus Departments are responsible for obtaining the required affidavit prior to entering into a contract or verbal agreement for services. Example: A department sends a contract to Legal Affairs for review. Once Legal has reviewed and returned the contract to the department, the department is responsible for obtaining the affidavit before signing the contract or having the vendor sign the contract. The affidavit must be attached to the invoice when payment is requested for these services. Note: Requests for payment will not be completed until the department provides the eVerify affidavit.
Procurement Card: The use of the Procurement Card for services is restricted to purchases totaling $2,499.99 or less to alleviate the requirement for cardholders to obtain E-Verify affidavits for purchases of services. Services of $2,500 or greater must be submitted to Purchasing for processing.
Last updated: 8/29/2016