GMA and ACCG Joint Training on Georgias Illegal Immigration Reform - PowerPoint PPT Presentation

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. •