An E-Verify affidavit is a sworn, notarized statement in which a business confirms it is enrolled in E-Verify, the federal system that checks Form I-9 data against Department of Homeland Security and Social Security Administration records to verify work authorization for new hires.1E-Verify. E-Verify Overview There is no single federal version of the form. The affidavit comes from whichever state or local agency requires it, usually as part of a business-license application or a bid on a public contract, and each agency publishes its own template.
When You’ll Be Asked For One
The most common trigger is a public contract. Georgia law prohibits a public employer from awarding a service contract unless the contractor submits a signed, notarized affidavit confirming active E-Verify participation and listing the company ID number and authorization date.2Justia. Georgia Code 13-10-91 – Verification of New Employee Eligibility The obligation flows down: a prime contractor cannot use a subcontractor that fails to produce its own affidavit with the same information, and this applies at every subcontract tier. Florida imposes a parallel rule, requiring public agencies to include E-Verify clauses in their contracts and requiring subcontractors to give the contractor an affidavit stating they do not employ unauthorized workers.3The Florida Legislature. Florida Statutes 448.095 – Employment Eligibility
The other common trigger is a business or occupational license. Georgia requires private employers with more than ten employees to use E-Verify and to file an affidavit as part of local business-license applications.4City of Brookhaven, Georgia. Private Employer E-Verify Affidavit Form Florida mandates E-Verify for private employers with 25 or more employees and requires annual certification of compliance when filing unemployment-system contributions.3The Florida Legislature. Florida Statutes 448.095 – Employment Eligibility Other states set their own thresholds and use their own forms. The specific template you need, and the office that receives it, depend on the state and agency that put the requirement in front of you, so start with the licensing or procurement office that issued it.
One boundary worth noting: federal contracts above $150,000 with a performance period of 120 days or more trigger the FAR E-Verify clause, which requires enrollment and use of E-Verify but does not itself use a standalone affidavit form.5General Services Administration. FAR 52.222-54 Employment Eligibility Verification A state or local government administering a federally funded project may still require an affidavit under its own procurement rules.
Enroll in E-Verify First
You cannot truthfully sign an affidavit until your company is actually enrolled. Enrollment happens online at e-verify.gov and must be completed in a single session.6E-Verify. The Enrollment Process The system walks you through creating an account, choosing an access method (most businesses select “Employer”), identifying whether you are a federal contractor, and entering company details: legal name, physical address, Employer Identification Number, employee count, and hiring-site locations.
Toward the end, you designate a signatory and at least one program administrator. The signatory electronically signs the Memorandum of Understanding with DHS and SSA, which activates your account and assigns your company ID number.7E-Verify. Memorandum of Understanding for Employers Save a copy of the MOU. Every affidavit you complete from here on will pull data straight from it.
Information the Form Asks For
Layouts differ, but most affidavits ask for the same handful of data points. Have these ready before you sit down with a notary.
- Legal business name. Use the name exactly as it appears on your state registration and your E-Verify account. A trade name or DBA that doesn’t match official records is a common reason forms get bounced.
- E-Verify company ID number. A four- to seven-digit number assigned when you signed the MOU. It appears on every page of the MOU directly below the E-Verify logo, and you can also find it by logging into E-Verify, clicking “Company Account,” and selecting “Company Profile.” It is not the same as your federal EIN or a state tax ID.8E-Verify. How Do I Find the Company ID Number?
- Date of authorization. The date your MOU was signed, printed on the MOU itself. This is the start date of your E-Verify participation.
- Employee count category. Some state forms tied to business licenses ask whether you employed more or fewer than a statutory threshold (in Georgia, ten employees) as of January 1 of the current year.4City of Brookhaven, Georgia. Private Employer E-Verify Affidavit Form
Check every entry against your MOU before signing. A transposed digit in the company ID is exactly the kind of small error that causes an otherwise good filing to get rejected.
Signing in Front of a Notary
The affidavit must be signed by someone with authority to bind the company: usually an owner, corporate officer, or authorized agent. Because it is sworn under oath, the signature has to be witnessed by a notary public. Most states now allow remote online notarization alongside the traditional in-person method, and some forms offer both. Florida’s court-published E-Verify subcontractor affidavit, for instance, includes checkboxes for physical presence and online notarization.9Florida Courts. E-Verify Subcontractor Affidavit If your jurisdiction allows online notarization, you can complete the whole thing through a video call with a commissioned notary.
The notary records the date, the state and county where the notarization takes place, and how the signer’s identity was confirmed, either by personal knowledge or a government-issued ID. Most forms also have space for the notary’s commission expiration date and an official seal. Do not sign before you are in front of the notary, whether physically or on video. Pre-signed affidavits are invalid and you’ll need to start over on a fresh copy.
What a False Affidavit Costs
Signing this form is not a paperwork ritual. It carries the weight of sworn testimony. In Georgia, knowingly making a false statement on the affidavit is a criminal violation under O.C.G.A. ยง 16-10-20.4City of Brookhaven, Georgia. Private Employer E-Verify Affidavit Form A contractor convicted of filing a false affidavit under Georgia’s public-contract rules is also barred from bidding on any public contract for 12 months after the conviction, and the violation is published on the state’s open-records website.2Justia. Georgia Code 13-10-91 – Verification of New Employee Eligibility Florida’s penalty is financial: an employer found to have failed to use E-Verify three times within 24 months faces a $1,000-per-day fine and possible suspension of all state-issued business licenses until the violation is cured.3The Florida Legislature. Florida Statutes 448.095 – Employment Eligibility
Submitting It
The notarized affidavit goes to whichever agency asked for it: a county licensing office, a state procurement department, or the general contractor managing a public project. It is almost never a standalone filing. Expect to include it in a larger packet, such as a license application, a bid response, or a contract-compliance file. Some jurisdictions take uploads through a contractor portal; others want physical copies mailed or delivered with the rest of the package. Follow the agency’s instructions rather than assuming one method works everywhere.
If the form has errors, such as a mismatched business name, a missing notary seal, or a wrong company ID, the agency will usually issue a deficiency notice with a window to fix and resubmit. That window varies, so treat the first submission as your one shot. A rejected affidavit can hold up a license renewal or knock you out of a bid if the underlying deadline passes before you file a corrected copy.
Keeping a Copy
Retain every signed and notarized affidavit you submit. Contractors in Florida, for example, must keep a subcontractor’s affidavit on file for the full duration of the contract.3The Florida Legislature. Florida Statutes 448.095 – Employment Eligibility On the federal side, USCIS permanently deletes E-Verify employer records more than ten years old under the NARA records-retention schedule.10E-Verify. E-Verify Records Retention and Disposal Fact Sheet If you ever need to prove your enrollment history beyond a decade, your own files will be the only evidence. Store affidavit copies with your MOU, company ID documentation, and Form I-9 records so an auditor gets one clean package.