GEORGIA DEPARTMENT OF AUDITS AND ACCOUNTS E-Verify Compliance and - - PowerPoint PPT Presentation

GEORGIA DEPARTMENT OF AUDITS AND ACCOUNTS

Nov 2018

Professional People with Purpose 34

E-Verify Compliance and Reporting Requirements

Agenda

▪ Compliance Statistics ▪ E-Verify Compliance and Reporting Requirements ▪ Reporting System ▪ Resources ▪ Q&A

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Compliance with Reporting Requirements

90.6% 100.0% 95.5% 94.2% 100.0% 100.0%

Compliance with Reporting Laws

2016 2017 State Agencies Colleges/Universities Technical Colleges

Thank you for your efforts to comply with the reporting requirements.

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Laws Affecting Agencies & Colleges

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▪ 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

Title 13

Compliance and Reporting Requirements

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O.C.G.A §13-10-91

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▪ 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.

Verification of New Hires

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▪ 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.

Contractor Verification

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▪ 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!

Physical Performance of Services

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▪ 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
• perations of the entity;

Physical Performance of Services

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▪ Exceptions:

• Individual licensed pursuant to Title 26 or Title 43
• r by the State Bar of Georgia
• Contracts between two public employers

Documenting Contractor Use of E-Verify

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▪ 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

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Affidavits

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▪ 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.)

Contractors with no Employees

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▪ 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

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According to the Attorney General….

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▪ 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

• btained 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.

Statewide Contracts

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▪ 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.

Title 13 Reporting Requirements

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▪ 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.”

Title 13 Reporting Requirements

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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

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.

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Tips to Facilitate Title 13 Reporting…

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▪ 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.