Thank you!!!! CY 2013 Statistics

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1 GEORGIA DEPARTMENT OF AUDITS AND ACCOUNTS Immigration Reporting Requirements Professional People with Purpose 1 CY 2013 Statistics Overall 97.94% Reporting Compliance State Agencies 98.5% Reporting Compliance (137 of 139) Colleges/Universities/Tech Colleges 100% Thank you!!!! 2 CY 2014 Goal 100% Compliance among state agencies, colleges, universities, and technical schools Improved quality of reporting 3 1

2 What s New in 2014? No New Reporting Requirements!!! Additional entities required to file a report. These new entities are Libraries Community Service Boards 4 General Reporting Requirements All agencies or political subdivisions will be required to report the following information to the Department of Audits and Accounts no later than December 31 st of each year. Listing of contractors hired for the Physical Performance of Services (O.C.G.A ) Listing of each license or certificate issued by a county or municipal corporation to private employers that are required to utilize the federal work authorization program (E-Verify) (O.C.G.A ) Listing of each public benefit administered by the entity for which SAVE program authorization has not been received. (O.C.G.A ) 5 Agency Reporting Requirements Listing of contractors hired for the Physical Performance of Services (O.C.G.A ) Listing of each public benefit administered by the entity for which SAVE program authorization has not been received. (O.C.G.A ) 6 2

3 Points to Remember Agency or political subdivision means any department, agency, authority, commission, or governmental entity of this state or any subdivision of this state. (O.C.G.A ) A separate report must be filed for each agency and for each attached agency. (They can be completed by the same person though.) Multiple users can enter data into the system for an entity. But, all data must be submitted at one time, once all data has been completed. All entities must report, even if they have no data to submit. 7 Title 13 Reporting Contractor Report The Bottom Line is. Entities are not allowed to do business with contractors for the physical performance of services unless the entity has verified that such contractor is authorized to use and uses the federal E-Verify program or unless they verify the contractor has no employees. 8 Title 13 Physical Performance of Services O.C.G.A defines physical performance of services as: Any performance of labor or services for a public employer using a bidding process or by contract wherein the labor or services exceed $2, Exclusion Any contract between a public employer and an individual who is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia, and is in good standing. 9 3

4 Title 13 How to Public Employers Document that Contractors Use E-Verify? Public employers are required to obtain a notarized affidavit from the contractor which states the E-Verify number of the company, the date the company received authorization to use E-Verify, and the name of the project/contract. You can locate a copy of the affidavit on the following webpage: Affidavits E-Verify number is a 4-6 digit number. Please verify this number is compatible with the format before you proceed with a contract. Agencies should retain the affidavits in accordance with their retention schedule. Please do not need to submit them to the Department of Audits. Agencies are not required to obtain the affidavits of any subcontractors. However, they should be available to an agency upon request. They should be part of the contract package that a contractor would maintain. 12 4

5 Title 13 Exempt Contractors Federal government only issues an E-Verify number to a company with employees. Agencies need to obtain a copy of a state issued driver s license or ID from contractor if they have no employees. Agencies may do business with such person if the license or ID has been issued by a state that verifies lawful immigration as part of the issuance process. (Alaska, Massachusetts, and Washington do not verify lawful immigration.) Agencies still report these contracts to DOAA. 13 Title 13 - Guidance from the Attorney General - Relating to the Physical Performance of Services According to the Attorney General. Obtain affidavit for all contracts awarded by bid, regardless of the amount and for all contracts for services that exceed $2, If you hire a individual for a service who is licensed under Titles 26 or 43 or by the State Bar of Georgia, you do not need to obtain an affidavit if such individual is doing the work solely under his or her name, and not the name of a corporation. If you hire a vendor under multiple contracts, you must obtain an affidavit for each contract that meets the definition of physical performance of services. Affidavit should be obtained before a bid is awarded or before entering into a contract when no bid is involved. A PO is a contract and therefore, the affidavit should be obtained 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. 14 Title 13 Statewide Contracts DOAS will take responsibility for obtaining the E-Verify Number and affidavit for services covered by a statewide contract. Agencies can use the information provided by DOAS and is not required to obtain a separate affidavit. Can locate this information on the information sheet in TGM. These contracts are still required to be reported on the report issued to DOAA each year. 15 5

6 Title 13 What Must be Reported? Listing of every contractor hired for labor or services which met the definition of physical performance of services. 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 E-Verify number of the contractor (4-6 digits) Identification of contractors exempt from E-Verify Date of contract between entity and contractor There are two additional fields we request you complete: Contract number Contract amount 16 Title 13 - What Must be Reported? An example of the file layout for the Contractor/Vendor Report is as follows. DOAA has established validation rules for these columns. These rules were provided to entities in a letter dated August 9, These rules will be included in the final instructions that are sent to entities. The System will be 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. 17 Tips to Facilitate Title 13 Reporting Identify all regular contractors/vendors you conduct business with for which an affidavit will be required. Know when the contract renewal is due and be prepared to request the affidavit in advance of the renewal. (Contractors/vendors that are hired for specific, one-time need may also require affidavits. However, these need to be assessed on a case-by-case basis.) Review completed affidavits upon receipt to ensure the information matches the rules being applied to each field in the collection system. Follow up with vendors immediately if the data is incorrect. For example Make sure the E-Verify number is 4-6 digits in length. Our system will flag reported E-Verify numbers that are not 4-6 digits. Consider entering contractor/vendor information into a spreadsheet based on the file layout in the collection system. If this is done, you will be able to convert this file to a CSV or text file and upload the file into the collection system in December. 18 6

7 Title 50 Reporting Public Benefits O.C.G.A requires agencies and political subdivisions to verify the lawful presence in the United States of any person who applies for public benefits as public benefits. The public benefits affected are listed in the referenced code section. There are 27 public benefits listed in this code section. These include. 19 List of Public Benefits As Defined in O.C.G.A Adult Education Authorization to conduct a commercial enterprise or business Business Certificate, license, or registration Business Loan Cash Allowance Disability Assistance or insurance Down Payment Assistance Energy Assistance Food Stamps Gaming License Grants Health Benefits Housing Allowance, grant, guarantee, or loan Loan Guarantee Medicaid Occupational License Professional License Public and Assisted Housing Registration of a regulated business Rent Assistance or Subsidy Retirement Benefits State Grant or Loan State Issued Driver s License and Identification Card Tax Certificate Required to Conduct a Commercial Business Temporary Assistance to Needy Families Unemployment Insurance Welfare to Work 20 Title 50 What Does the Law Require? Before an agency can issue public benefits to any person, the agency must verify that the applicant is lawfully eligible to be in the United States. Agencies comply by obtaining at least one secure and verifiable document documenting the applicant s lawful presence, a signed affidavit verifying the applicant s lawful presence in the United States. 21 7

8 22 Key Points about Documents Submission of Documents Original documents are not required. Applicants may provide copies. Originals or copies may be submitted in person, by mail, or electronically. Electronic submissions shall include submission by facsimile, internet, electronic texting, or any other electronically assisted method approved by the entity. When to Obtain Documents Obtain documents from first time applicants. Entities are not required to obtain documents/affidavit from any person renewing an application for the same benefit provided the applicant had previously submitted the required documents. If the person is seeking an additional public benefit from the same entity, the entity does not need to obtain the documents/affidavit provided the applicant has previously submitted the required documents. 23 Determining Rights to Benefits If sufficient documentation to support applicant is a citizen of the US or a legal resident Agency is not required to take any further action and may issue benefits if other qualifications are met. If applicant indicates he/she is a qualified alien or nonimmigrant, Agency is required to submit their alien number through SAVE to verify lawful presence. 24 8

9 SAVE Stands for Systematic Alien Verification of Entitlements Submit the alien number through SAVE to confirm lawful presence. Agencies cannot use SAVE without first receiving authorization from the USCIS. For information about the program, please access the following website: 25 Title 50 - Reporting State law requires each agency to report which public benefits they provide and whether or not they have received authorization to use the SAVE program to verify eligibility for those benefits. Authorization is done for each program, not for an entity. If you issue benefits from multiple programs, you must receive SAVE authorization for each program. 26 Title 50 - Reporting Select the Benefits: Adult Education Screen 1 Screen 2 Authorization to conduct a commercial enterprise or business For the benefits selected, does entity have S.A.V.E. authorization? Business certificate, license, or registration Adult education Yes No Business loan Cash allowance Disability assistance or insurance Down payment assistance Energy assistance Yes Yes No No Down payment assistance Energy assistance Food Stamps Next > Confirm 27 9

10 Title 50 Final Points All agencies and political subdivisions are required to submit this report. Colleges and universities and technical colleges will not be required to submit an individual report. The report will be submitted for the systems as a whole by the Board of Regents and the Technical College System of Georgia. If you do not provide any public benefits, please indicate so on the report. Once you note that and click confirm, you will have met your reporting requirements. 28 Filing Your Report Go to To access system, must first create an account May access multiple applications or entities under an account Employees have the accounts, not the entities. Entities may have multiple accounts 29 Login/Create Account Process Your user name is your address

11 Application Link 31 Immigration Collection System 32 Immigration Report Section 1 Your information will already be prepopulated into the System. You will just need to reverify and hit confirm

12 Immigration Report Section 2 34 Immigration Report Section 2 35 Immigration Report Section 2 If an agency does not have any contracts that meet the definition of physical performance of services, the agency must report that in the system

13 Immigration Report Section 2 There are two ways to enter information: (1) upload a CSV file or (2) directly enter data into the system. 37 Immigration Report Section 2 Automatic Upload into System DOAA has a video explaining how to create and upload a CSV file. This can be located at: 38 Immigration Report Section 2 Direct Entry into System The contract number and contract amount are not required fields. However, we are requesting this information in the event we began conducting formal audit work on this information

14 Immigration Report Section 2 This shows how you will see the information once it is uploaded or entered. Green Information is Valid Red Information is invalid and needs to be corrected before you can confirm. 40 Immigration Report Section 2 Summary Page 41 Immigration Report Section 2 By: Carol Schwinne On: :49 PM 42 14

15 Immigration Report Section 3 By: Carol Schwinne On: :49 PM 43 Immigration Report Section 4 44 Immigration Report Section

16 Immigration Report Section 4 46 Immigration Report Section 4 47 Immigration Report Section

17 Immigration Report - Final 49 Need Resources? 50 Need Resources? 51 17

18 Need Resources? 52 Need Assistance? FAQ Page Videos 53 Questions 54 18