E-VERIFY SAVE TITLE VI

1. E-VERIFYSAVETITLE VI Presented by: Glenn O’Steen Procurement Manager Columbia County Board of Commissioners

2. Program Overview • E-Verify • County and City Usage • Contracts • Private Employers • SAVE • Enforcement • Title VI • Question and Answer Session

3. E-Verify County and City Usage

4. What is E-Verify? • It is a Web-based system that electronically verifies the employment eligibility of newly hired employees. • E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program. • It works by allowing participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against records in SSA's database and the records in the DHS immigration databases.

5. E-Verify and SAVE Distinctions • E-Verify is used to verify the employment eligibility of U.S. and non-U.S. Citizens • SAVE is used to verify the legal status of non-U.S. citizens to determine eligibility for public benefits

6. How Do I Comply with City and County Usage Requirements for E-Verify? • Register and Participate in the Federal E-Verify Program • Require All New Employees to Complete an I-9 Form • Maintain a Current E-Verify Account • Post E-Verify Number and Authorization Date on Website

7. Who Do I Need to Verify? • All new employees • Cannot be used for screening potential employees • Cannot be used for existing employees

8. When Do I Need to Verify?

9. Where Can I Find a Current I-9 Form? Current Form I-9 Employment Eligibility Verification can be found at: http://www.uscis.gov/files/form/i-9.pdf

10. Handbook for EmployersInstructions for Completing Form I-9at http://www.uscis.gov/files/form/m-274.pdf

12. E-Verify: How it Works • Initial verification will return one of three results within seconds: • Employment Authorized • The employee is authorized to work • SSA Tentative Non-Confirmation • There is an information mismatch with SSA • DHS Verification in Process • DHS will usually respond within 24 hours with either an Employment Authorized or DHS Tentative Non-Confirmation

13. E-VERIFY PROGRAM

14. 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. • If Tentative Nonconfirmation, the employee can contest the finding and then: • 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 Nonconfirmation and the employer may terminate the employee and resolve the case.

15. E-VERIFY PROGRAM

16. Tentative Non-Confirmation (TNC) • Inform the employee and print and review the TNC notice with the employee. • The employee chooses to “contest” or “not contest” the TNC. • Refer the employee to the appropriate agency if the TNC is contested. • The employee has 8 Federal Government workdays from the date of referral to visit or call the appropriate agency to resolve the discrepancy.

17. 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 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 E-Verify periodically for the response.

18. TNC Case Resolution (Continued) • The employer will receive one of three results: • Employment Authorized • Final Nonconfirmation • Review and Update Employee Data then Resubmit • The employer then resolves the case in E-Verify.

19. Other Requirements of E-Verify: • Must maintain photocopy of Employment Authorization Document (EAD), Permanent Resident Card (“green card”) or U.S. Passport or Passport Card if presented by employee on Form I-9 • Must maintain E-Verify Confirmation Sheet with employee’s Form I-9

20. http://www.uscis.gov

21. Further Assistance Needed • Contact DHS at E-Verify@dhs.gov or at 888-464-4218

22. Recap of County and City E-Verify Usage • Register for and use E-Verify • Require all new employees to complete an I-9 Form • Maintain a current E-Verify account • Verify all new hires within 3 business days of hire

23. E-Verify Contract Requirements

24. E-Verify Public Contract Requirements • Applies to All Public Employers • Applies to all Contractors, Subcontractors or Sub-Subcontractors with Employees who Contract with Public Employers • Relates to Contracts for the Physical Performance of Services

25. O.C.G.A. § 13-10-90 "Physical performance of services" means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within this state, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for a public employer within this state under a contract or other bidding process.

26. What are Contracts for the Physical Performance of Services? • Attorney General’s Advice to State Agencies • Applies to public works contracts and contracts for the maintenance, operation and repair of buildings or structures • When in doubt, ask for an affidavit

27. Contractor Affidavit Requirements • Must state that Contractor is registered for and using E-Verify • Must contain User ID Number and Date of Authorization • Must guarantee that Contractor will use E-Verify throughout the duration of the contract period • Must guarantee that Contractor will only contract with Subcontractors who present E-Verify Affidavit • Must be signed and notarized

28. Who is Responsible? • Counties and cities are responsible for the Contractor Affidavit • Contractors are responsible for the Subcontractor Affidavits • Subcontractors are responsible for the Sub-Subcontractor Affidavits

32. Where to Find Contractor Affidavits • Department of Audits and Accounts Website http://www.audits.ga.gov/NALGAD/section_3_affidavits.html

33. What if the Contractor/Subcontractor/Sub-subcontractor has No Employees? • No Affidavit Required • Must provide a copy of the state issued drivers license or ID (only from states that verify immigration status and are approved by the AG’s Office) • If employees are hired at a later time, must comply with E-Verify Affidavit requirements

35. E-Verify Contractor Reporting Requirements • Every public employer must submit an E-Verify Contractor Report annually to the Department of Audits by December 31st

36. What Information Should be Included in the Report? • Public Employer’s E-Verify Number • Public Employer’s Date of Authorization to use E-Verify • Legal name, address, and E-Verify Number of Contractor • Date of the contract between Public Employer and Contractor

37. What Type of Contracts Should be Included in the Report? • Contracts for the physical performance of services, which must include: • Public Works Contracts • Contracts for the maintenance, repair and operation of buildings and structures • Discuss further broadening of scope of reported contracts with your county or city attorney

38. What is the Reporting Period? • O.C.G.A. §13-10-91(7)(A) states, in part, “Not later than December 31 of each year, a public employer shall submit a compliance report to the state auditor certifying compliance with the provisions of this subsection. Such compliance report shall contain the public employer’s federal work authorization program verification user number and date of authorization and the legal name, address, and federal work authorization program user number of the contractor and the date of the contract between the contractor and public employer.”

39. How Do I Submit My Report? • The Georgia Department of Audits and Accounts is working to develop a 2012 template for use by state agencies and political subdivisions that complies with the requirements of this provision and that may be submitted either electronically or by mail.  This webpage will be updated once the approved template and transmission methodology are finalized. 

41. Submitting the Report • Once you have accessed this page, click on “Compliance Report Template and Instructions” located under the Section 3 information. • After clicking on that tab, you will land on the instructions page. • The report form is located on a separate tab located to the left of the instructions tab labeled “Report Form.”

43. Submitting the Report • Review the general instructions located under the “Report Form Instructions” tab and send the email request to the Department of Audits for instructions on how to submit the report electronically. • To request the electronic instructions, send an email to HB_87@audits.ga.gov with the subject line “Request HB 87 Instructions.”

44. Questions about Submitting Report • Contact the Department of Audits at 404-656-9145 or at HB_87@audits.ga.gov.

45. Public Employer Penalties • If any violations found, given 30 Day Period to correct deficiencies

46. Loss of Qualified Government Status Failure to correct = Exclusion from List of Qualified Local Governments Penalty in place until all deficiencies corrected

47. Appeals • Public Employer Penalties: • Appeal Rights to Office of • State Administrative Hearings • Penalties and time to correct tolled until • Final Ruling

48. Constitutional Officers • Public Employer Penalties: • Actions by County Constitutional Officer • cannot form basis of any violation

49. False Statement Penalties • Penalty for any person who knowingly makes a false statement • on an Affidavit: • Guilty of obstruction of public administration • Can be fined up to $1,000.00, imprisoned for at least one year but not more than five years, or both

50. False Statement Penalties • Any Contractor or Subcontractor convicted for false statements will also be prohibited from bidding on or entering into any public contract for 12 months following such conviction • Such persons or entities will also be listed on www.open.georgia.gov