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December 27, 2011

E-Verify Starting January 2012 - Summary of Upcoming Changes

From the Georgia Chamber of Commerce
Georgia Business Action Network - News Alert

Starting January 1, 2012, several new provisions of theIllegal Immigration Reform and Enforcement Act of 2011 will go into effect. To help companies around our state abide by the new policies, the Georgia Chamber has compiled a summary of the upcoming changes.

E-Verify / Occupational Tax Certificate (Business Licenses)
Before any city or county issues any occupational tax certificate (also known as business licenses), or other license required to operate a business, which may include certificates of occupancy, alcohol licenses and taxi cab licenses, to a private employer, the employer must sign an affidavit stating that the employer either is authorized to use E-verify or is not required to use E-verify.
The requirement stating that the employer is authorized to use E-verify is effective for employers with 500 or more employees on January 1, 2012, for employers with 100 or more employees on July 1, 2012, and for employers with more than 10 employees on July 1, 2013.

After July 1, 2013, if an employer has 10 or fewer employees then they must sign an affidavit stating the provisions do not apply to them.
The number of employees is determined as of January 1 of the year the affidavit is submitted. The law is unclear whether the number of employee requirement applies to the number of employees in each particular retail location, city, Georgia or worldwide.

A form affidavit stating that the employer is authorized to use E-verify has been created by the Attorney General for employers with 500 or more employees and is available at http://law.ga.gov/vgn/images/portal/cit_1210/2/15/179148008Revised%20Private%20Employer%20Affidavit%2011.30.11.pdf.
A form affidavit stating that the employer is not required to use E-verify has been created by the Attorney General for employers with 10 or fewer employees and is available at http://law.ga.gov/vgn/images/portal/cit_1210/32/2/176576409Exempt_from_E_Verify_Affidavit.pdf.

Form affidavits have not yet been created for employers with 100 or more employees and for employers with more than 10 employees. These forms will be available prior to July 1, 2012.
The city or county is required to get one affidavit per business per year.

SAVE / Occupational Tax Certificate (Business Licenses)
Every city and county must register and use the Systematic Alien Verification of Entitlement (SAVE) program. Effective immediately, for every public benefit a city or county issues to any person or entity, the city or county must receive a signed and sworn affidavit verifying the person's lawful presence in the United States.

A list of public benefits is issued annually by the Attorney General. Public benefits include occupational tax certificates (business licenses), alcohol licenses, contracts and insurance license fees (pursuant to O.C.G.A.§ 33-8-8), among other public benefits. The Attorney General's report on public benefits is available at: http://law.ga.gov/vgn/images/portal/cit_1210/43/34/161685023SAVE_ANNUAL_REPORT_2011.pdf.

A form affidavit verifying the person's lawful presence in the United States has been created by the Georgia Department of Audits and Accounts and is available at http://www.audits.ga.gov/NALGAD/Files/OCGA_50-36-1xex2x.pdf.
Every applicant for a public benefit also must submit at least one secure and verifiable document (i.e., identification)before such benefit is issued.

The Attorney General has issued a list of acceptable"secure and verifiable" documents at http://law.ga.gov/vgn/images/portal/cit_1210/63/43/173963603Secure_and_verifiable_document_list%208.5.11.pdf.
The SAVE affidavit can be provided in person, electronically or by mail. However, the required secure and verifiable document can either be presented in person or electronically but cannot be submitted via mail. You should contact your local jurisdiction for specific information about their preferred method of submission.
A new affidavit must be signed every time a public benefit is renewed.
Any person who is 18 years of age or older and who is authorized to execute binding legal documents on behalf of an individual, business, corporation, partnership, or other private entity requesting a public benefit may sign the SAVE affidavit and present identification on behalf of said entity.

E-Verify / Contracts for Public Works
A city or county cannot enter into a contract for the "physical performance of services" with a person or entity unless such person or entity signs an affidavit swearing they have registered and participate in E-Verify and will only contract with parties that swear to do the same.

The Attorney General, through internal memos and verbally, has stated repeatedly that physical performance of services only includes contracts for public works and the maintenance, operation, and repair of buildings or structures.
No affidavit is required for individuals or businesses that do not have any employees. However, a copy of a state issued drivers license or ID must be provided, and identification must be from a state that verifies immigration status. The Attorney General has issued a list of compliant states at http://law.ga.gov/vgn/images/portal/cit_1210/50/35/173461453Lists_of_states_that_verify_immigration_status_7_26_11.pdf.
Form affidavits for contractors, sub-contractors and sub-subcontractors have been created by the Georgia Department of Audits and Accounts and are available at http://www.audits.ga.gov/NALGAD/section_3_affidavits.html.

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