financial management program using e-verify and … and save.pdf · financial management program...
TRANSCRIPT
Financial Management Program
Using E-Verify and SAVE
to Comply with Georgia LawPresented by: Tracy Arner, C.P.A.
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 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
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
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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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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• 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)
§ 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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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)
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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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
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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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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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