GEORGIA DEPARTMENT OF AUDITS AND ACCOUNTS E-Verify Compliance and Reporting Requirements Professional People with Purpose 34 Nov 2018
Agenda ▪ Compliance Statistics ▪ E-Verify Compliance and Reporting Requirements ▪ Reporting System ▪ Resources ▪ Q&A 35
Compliance with Reporting Requirements Compliance with Reporting Laws Thank you for your efforts 100.0% 90.6% 95.5% 94.2% 100.0% 100.0% to comply with the reporting requirements. 2016 2017 State Agencies Colleges/Universities Technical Colleges 36
Laws Affecting Agencies & Colleges ▪ OCGA §13-10-91 E-Verify Requirements for Contractors • ▪ OCGA §36-80-23 Sanctuary Policy • ▪ OCGA §50-36-1 Verification of Eligibility for Public Assistance • ▪ OCGA §50-36-4 Reporting Requirements • 37
Title 13 Compliance and Reporting Requirements 38
O.C.G.A §13-10-91 ▪ Two Legal Requirements: Every public employer must register and participate • in the federal work authorization program to verify employment of all newly hired employees. A public employer shall not enter into a contract for • the physical performance of services unless the contractor registers and participates in the federal work authorization program. 39
Verification of New Hires ▪ Public employers must use E-Verify to confirm employment eligibility of all new hires. ▪ Must complete verification process within 3 days of a person’s employment. ▪ Will receive results within 24-36 hours of verification request. If employee does not meet eligibility criteria, you will receive guidance on next steps. ▪ E-Verify is administered by the U.S. Customs and Immigration Service. The website for USCIS is: https://www.uscis.gov. 40
Contractor Verification ▪ A public employer cannot enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Federal Work Authorization Program commonly known as E-Verify! 41
Physical Performance of Services ▪ Defined as…the performance of labor and services using a bidding process or by contract wherein the labor or services exceed $2,499.99. Includes the routine operation, repair, and • maintenance of existing structures, buildings, or real property; Includes services needed for the normal • operations of the entity; 42
Physical Performance of Services ▪ Exceptions: Individual licensed pursuant to Title 26 or Title 43 • or by the State Bar of Georgia Contracts between two public employers • 43
Documenting Contractor Use of E-Verify ▪ Entities are required to obtain a notarized affidavit from a contractor before entering into an official contract. Contractor must attest that…. The contractor has registered with, is authorized to use, • and uses the federal work authorization program; and The contractor will continue to use the program for the • duration of the contract Affidavit must include the date of authorization and the • E-Verify number Affidavit must be notarized • ▪ Affidavit on the following webpage: http://www.audits.ga.gov/NALGAD/section_3_affidavits.html • 44
45
Affidavits ▪ Affidavits are retained by entity for 5 years; ▪ If you hire a vendor under multiple contracts, a separate affidavit must be obtained for each qualifying contract; ▪ The affidavit should be obtained before a bid is awarded and/or before entering into the contract; ▪ Contractors must obtain similar affidavits from sub- contractors. (Such affidavits must be submitted to public employer within five days of receipt.) 46
Contractors with no Employees ▪ E-Verify numbers are not issued to contractors with no employees. Affidavit is not required • Entities must still verify eligibility to work in • United States • Done through verification of driver’s license or state issued ID • AG’s Office maintains a list of states that verify eligibility through its driver’s license process https://law.georgia.gov/sites/law.georgia.gov/files/related_files/site_page/OCGA_13-10- 91_b5_List_of_States%20as%20of%2010-11-18.pdf 47
48
According to the Attorney General…. ▪ Obtain affidavit for all contracts awarded by bid , regardless of the amount and for all contracts for services that exceed $2,499.99 . ▪ Individuals licensed under Titles 26 or 43 or by the State Bar of Georgia are exempt provided they are doing work under his/her name, and not the name of a corporation. ▪ A PO is a contract and therefore, the affidavit should be obtained before the PO is issued. ▪ Services include maintenance agreements, print services, consulting, etc…. Always seek advice from your attorney to determine what expenses would require an affidavit. 49
Statewide Contracts ▪ DOAS obtains the E-Verify Number and affidavit for services covered by a statewide contract. ▪ Agencies can use the information provided by DOAS. ▪ Can locate E-Verify Affidavit in TGM – located in the Attachments for each contract. ▪ Entities must still include vendors from statewide contracts on annual report. 50
Title 13 Reporting Requirements ▪ Title 13 reporting requirements are outlined in O.C.G.A. §50-36-4 (d) (2) and (3) ▪ Report should include a listing of every contractor hired during the reporting period for services that meet the definition of “physical performance of services.” 51
Title 13 Reporting Requirements Report to DOAA must include the following information: Legal name and address of every contractor that has • entered into a contract for the physical performance of services during the reporting period; Y/N Response on Exemption from E-Verify Requirements; • If not exempt, E-Verify number of the contractor (4-7 • digits); Date of contract between entity and contractor; • There are two additional fields we request you complete: Contract number • Contract amount • 52
Title 13 - What Must be Reported? Example of File Layout ▪ DOAA has established validation rules for these columns. ▪ The System is designed to alert the entity if they enter data that is not compliant with the rules. ▪ Entities will not be able to confirm their report if any data is not compliant. 53
Tips to Facilitate Title 13 Reporting… ▪ Plan ahead ▪ Review completed affidavits to assess whether information is complete and meets criteria for E-Verify Number (There is no means of verifying the number provided.) ▪ Keep your spreadsheet up-to-date throughout the year. 54
Recommend
More recommend
