GMA and ACCG Joint Training on Georgia’s Illegal Immigration Reform and Enforcement Act of 2011: Verification, Reporting and Enforcement P Presented by t d b J. Larry Stine & Raymond Perez II Wimberly, Lawson, Steckel, Schneider & Stine, P .C. 3400 Peachtree Road, Suite 400 , Atlanta, Georgia 30326 404-365-0900 September 19, 2011
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement Form I-9 and E-Verify Overview Form I 9 and E Verify Overview • E-Verify Public Contract Requirements • E-Verify Requirements for Private Employers •
Current Employment Eligibility Verification C l li ibili ifi i Requirements for Public Employers in Georgia Completion of the Employment Eligibility • Verification Form I-9 (required by Immigration V ifi i F I 9 ( i d b I i i Reform and Control Act of 1986) Must register and participate in Federal E-Verify • Program-required by the Georgia Security and Immigration Compliance Act of 2006 (GSICA) Immigration Compliance Act of 2006 (GSICA)
Current Employment Eligibility Verification C l li ibili ifi i Requirements for Public Employers in Georgia C Completing Form I-9 l i F I 9 Procedures
Current Employment Eligibility Verification Requirements for Public Employers in Georgia q p y g Current Form I-9 Employment Eligibility Verification can be found at: http://www.uscis.gov/files/form/i-9.pdf http://www.uscis.gov/files/form/i 9.pdf
Section 1 ‐ Employee Responsibility S ti 1 E l R ibilit
P Preparer/Translator Section /T l t S ti
Section 2 ‐ Employer Responsibility S ti 2 E l R ibilit
Section 3 ‐ Employer Responsibility S ti 3 E l R ibilit
R t Retention of Form I ‐ 9 ti f F I 9 Forms I-9 must be stored for 3 years after the • date you hire an employee Or One year after the date you or the employee • terminates employment, whichever is later
C Correction of Form I ‐ 9 ti f F I 9 No White-Out • I iti l Initial and date corrections d d t ti • • Re-Accomplish Using New Form I-9 when • necessary
Handbook for Employers Handbook for Employers Instructions for Completing Form I-9 p g p at http://www.uscis.gov/files/form/m-274.pdf
C Current Employment Eligibility Verification l li ibili ifi i Requirements for Public Employers in Georgia Federal E-Verify Program All Public Employers required to verify employment eligibility of • all newly hired employees with E-Verify Must post E-Verify ID number and date of authorization on • website
E-Verify and DOJ-OSC Posters
Current Employment Eligibility Verification C l li ibili ifi i Requirements for Public Employers in Georgia When to Verify a New Employee
Current Eligibility Verification Requirements C li ibili ifi i i for Local Governments
Current Employment Eligibility Verification C l li ibili ifi i Requirements for Public Employers in Georgia Common E-Verify Usage Issues
Current Eligibility Verification Requirements C li ibili ifi i i for Local Governments
August 6, E ‐ VERIFY PROGRAM 22 2008
August 6, E ‐ VERIFY PROGRAM 23 2008
E-Verify: How it Works Initial verification will return one of three results within seconds: Employment Authorized The employee is authorized to work h l h d k SSA Tentative Non-Confirmation There is an information mismatch with SSA There is an information mismatch with SSA DHS Verification in Process DHS will usually respond within 24 hours with either an y p Employment Authorized or DHS Tentative Non-Confirmation
August 6, E ‐ VERIFY PROGRAM 25 2008
E-Verify: Case Resolution If Employment Authorized , the employer records the system- generated verification number on the Form I-9 or can print out the E- Verify Confirmation Sheet and attach to the Form I-9. y If Tentative Nonconfirmation , the employee can contest the finding and then: Social Security Number mismatches are resolved with SSA Social Security Number mismatches are resolved with SSA Non-citizen status mismatches are resolved with DHS If the employee chooses not to contest , it is considered a Final p y Nonconfirmation and the employer may terminate the employee and resolve the case.
August 6, E ‐ VERIFY PROGRAM 27 2008
Tentative Non-Confirmation (TNC) Inform the employee and print and review the TNC notice with the employee. p y The employee chooses to “ contest ” or “ not contest ” the TNC. Refer the employee to the appropriate agency if the TNC is contested. t t d The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.
TNC Case Resolution Employee continues to work while the case is being resolved. Once the employee resolves the discrepancy in his or her records, they p y p y y should inform the employer. With both a SSA TNC and a DHS TNC , a response is electronically sent to the employer through the system. The employer should check t t th l th h th t Th l h ld h k E-Verify periodically for the response.
TNC Case Resolution (Continued) The employer will receive one of three results: Employment Authorized Employment Authorized Final Nonconfirmation Review and Update Employee Data then Resubmit p p y The employer then resolves the case in E-Verify.
August 6, E ‐ VERIFY PROGRAM 33 2008
Photo Screening Tool The E ‐ Verify photo tool enables employers to match the photo on an employee’s Employment Authorization Document (EAD), P Permanent Resident Card (“green card”) and U.S. Passport or R id C d (“ d”) d U S P Passport Card to the photo that USCIS has on file for that employee.
August 6, E ‐ VERIFY PROGRAM 35 2008
Other Requirements of E-Verify: Employee’s social security number must be listed in Section 1 of • the Form I-9 If employee chooses to present a List B document, it must • contain a photograph p g p
Other Requirements of E-Verify: Must maintain photocopy of Employment Authorization h f l h • Document (EAD), Permanent Resident Card (“green card”) or U.S. Passport or Passport Card if presented by employee on p p p y p y Form I-9 Must maintain E-Verify Confirmation Sheet with employee’s Must maintain E-Verify Confirmation Sheet with employee s • Form I-9
E-Verify Statistics Over 256 000 employers are enrolled in E-Verify which Over 256,000 employers are enrolled in E Verify, which represents over 870,000 hiring sites. This has resulted in: More than 8.70 million cases created in FY 2009 M th 8 70 illi t d i FY 2009 • • More than 15.00 million cases created in FY 2010 • More than 7.50 million cases created to date in FY 2011 •
http://www.uscis.gov
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement E ‐ Verify Public Contract Requirements under GSICA: Applies to Public Employers, Contractors, • Subcontractors or Sub ‐ Subcontractors Relates to Contracts for the Physical • Performance of Services in Georgia
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement Definition of Contract? Definition of Contract? Physical Performance of Services = Public Works
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement House Bill 87 Amendments: Public Employer must have more than one • employee to be covered Services must take place in Georgia • Additional guidance on required Affidavits •
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement Responsibility of Public Employer Bid and Contract Requirements • Monitoring and Recordkeeping • Contractor and Subcontractor Affidavits •
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement Affidavit Requirements: Must state that contractor is using E ‐ Verify; • Must contain user ID number and date of Must contain user ID number and date of • • authorization; M Must guarantee that contractor will continue to h ill i • use E ‐ Verify throughout the contract period;
GMA and ACCG Joint Training on Georgia’s Illegal GMA and ACCG Joint Training on Georgia s Illegal Immigration Reform and Enforcement Act of 2011: , p g Verification, Reporting and Enforcement Affidavit Requirements: Guarantee only to contract with subcontractors • who also present an E ‐ Verify affidavit; Must be signed and notarized. •
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