Financial Management Program

Using E-Verify and SAVE

to Comply with Georgia LawPresented by: Tracy Arner, C.P.A.

tarner@uga.edu

Learning Objectives

At the end of this session you will be able to

• Recite elements of Form I-9, Employment Eligibility

Verification

• Discuss the E-Verify and SAVE tools

• Explain how E-verify and SAVE use is required for

Georgia law

FORM 1-9

EMPLOYMENT ELIGIBILITY VERIFICATION

Form I-9

• Document verification of identity and employment

authorization of each new employee

• Employers must complete and retain Form I-9 no later

than the first day of employment

– Employee must have accepted the job offer

Form I-9

Section 1

Form I-9

Section 1

Form I-9

Section 1

Form I-9

Section 2

Form I-9

Section 2

Form I-9

Section 3

Acceptable Documents

Acceptable Documents

Acceptable DocumentsList B List C

E-VERIFY

What is E-Verify?

• Internet-based system

• Form I-9, Employment Eligibility Verification

• U.S. Department of Homeland Security and Social

Security Administration records

• Confirm employment eligibility

USCIS.gov/e-verify

• Authorized by Illegal Immigration Reform and Immigrant

Responsibility Act of 1996

• Administered by

– U.S. Department of Homeland Security

– U.S. Citizenship and Immigration Services

– Social Security Administration

USCIS.gov/e-verify

• Employer submits information from Form I-9 for

comparison against records available to US Department

of Homeland Security and creates a case

– Confirms employee’s identity and eligibility to work in US

• Match results in Employment Authorized Result

GEORGIA LAW

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SECURITY AND IMMIGRATION COMPLIANCE

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Definitions

OCGA 13-10-90• Contractor – person or entity enters into contract for

physical performance of services

• Federal work authorization program – E-Verify

• Physical performance of services– labor or services using

bidding process or contract exceeding $2,499.99

– Exception individual licensed pursuant to Title 26, Title 43, or by

the State Bar of Georgia

– Attorney General indicates includes all contracts awarded by

BID regardless of amount

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O.C.G.A. § 13-10-91(a)

• Every public employer shall register and participate in the federal

work authorization program (E-Verify) to verify employment

eligibility of all newly hired employees

• Permanently post the employer's federally issued user

identification number and date of authorization, as established by

the agreement for authorization, on the employer's website

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Posting to Website

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O.C.G.A. § 13-10-91(a)

• No website, post to Carl Vinson Institute of Government

– http://georgiadata.org/financialdata.html

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http://georgiadata.org/financialdata.html

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• All public employers in Georgia are required to collect a

signed, notarized affidavit from any contractor who

contracts with the local government for the physical

performance of services

– Attorney General indicates a purchase order is a contract

• Affidavit must be maintained 5 years

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OCGA 13-10-91(b)(1)

Notarized Affidavit § 13-10-91(b)(1)

• Registered with, is authorized to use, and uses the federal work authorization program (E-Verify);

• User identification number and date of authorization for the affiant;

• Continue to use the federal work authorization program (E-Verify) throughout the contract period; and

• Contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required

• Subcontractors must follow same rules for sub-subcontractors

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• Contractor has no employees (must present a copy of an

approved state issued identification card/license)

• See http://law.ga.gov/immigration-reports (State Attorney

General)

• Still report to Georgia Department of Audits and Accounts

and note they are exempt

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Exceptions – § 13-10-91(b)(5)

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State Attorney

General of

Georgia’s website

§ 13-10-91(b)(6)

• Georgia Department of Audits and Accounts provides

affidavits http://www.audits.ga.gov/NALGAD/iiraea_resources.html

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Affidavit on Georgia

Department of Audits

and Accounts website

Reporting Requirements

• Annual required immigration reports should be sent to the

Georgia Department of Audits and Accounts as proof of

compliance according to O.C.G.A. 50-36-4

• All Public Entities are required to report (even those with no

employees)http://www.audits.ga.gov/NALGAD/IllegalImmigrationReformandEnforcementAct.html

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OCGA 13-10-91(b)(7)(A)

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Georgia

Department of

Audits and

Accounts Data to

submit for

E-Verify

Compliance

Title 13 OCGA

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O.C.G.A. 13-10-91(b)(9)

Compliance Violations

• False statements of contractors, subcontractors, and sub-

subcontractors shall be prohibited from bidding on or

entering into a public contract for 12 months

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SAVE

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O.C.G.A. 50-36-1(a)(4)

Public Benefit – 27 Listed

– Examples include Adult Education, Business Certificate,

License, Registration, Food Stamps, Grants, Health Benefits,

Professional License, State issued drivers’ license or ID, TANF,

Unemployment Insurance

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O.C.G.A. 50-36-1(a)(5)

Systematic Alien Verification for Entitlements program

operated by U.S. Department of Homeland Security

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O.C.G.A. 50-36-1(b)

• Requires the verification of lawful presence in the U.S. of

any applicant for public benefits

• O.C.G.A. 50-36-1(d) includes verification exclusions

38

O.C.G.A. 50-36-1(f)

• Every applicant for public benefits required to provide

– One secure and verifiable public document

• O.C.G.A. 50-36-2

• http://law.ga.gov/immigration-reports (Georgia Attorney General)

– May be submitted by or on behalf of applicant within 9 months

prior to date of application

– Execute a signed and sworn affidavit verifying applicants lawful

presence in the U.S.

– State auditor created affidavits for use

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Georgia Department of Audits and

Accounts website

http://www.audits.ga.gov/NALGAD/

section_17_affidavits.html

O.C.G.A. 50-36-1(h)

• Affidavit of lawful presence must be verified through the SAVE program

– May issue public benefits before verification is received upon submission of affidavit and secure and verifiable document

– Benefits cease if SAVE identifies the applicant as ineligible

• http://www.uscis.gov/save

• SAVE access

– Electronic

– Paper-Based (Form G-845) 10-20 working days

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O.C.G.A. 50-36-2

Secure and Verifiable Document

• Original or certified birth certificate issued by a state, county, municipal authority, or territory of the US

• Certification of report of birth issued by US Department of State

• Certification of birth abroad issued by US Department of State

• Consular report of birth abroad issued by US Department of State

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O.C.G.A. 50-36-4

• Requires submission of annual immigration compliance report by December 31 each year – Annual reporting period December 1 through November 30

– www.audits.ga.gov/auth

• Report shall contain– Agency or political subdivision’s federal work authorization program

verification user number and date of authorization

– Legal name, address and federal work authorization program user number for every contractor entering into a contract for the physical performance of services

– Date of the contract for physical performance of services

Continued on next slide

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O.C.G.A. 50-36-4

• Report shall contain

– Listing of each public benefit administered by the agency or

political subdivision

– Listing of each public benefit for which SAVE program

authorization for verification has not be received

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RESOURCES

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Georgia Department of Audits and Accounts

Instructions for Information Upload • http://www.audits.ga.gov/NALGAD/iiraea_instructions_vid

eo.html

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http://www.audits.ga.gov/NALGAD/IllegalImmigrationReformandEnforcementAct.html

www.vinsoninstitute.org

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