New Laws Mandated for Georgia Employers!

In the closing days of 2011, the Georgia General Assembly passed a sweeping overhaul of state laws governing the obligations of people, businesses, and governments in regards to cracking down on illegal immigrants in Georgia. One of the most far reaching of the provision of the Illegal Immigration Reform and Enforcement Act of 2011 (the "Act") is the requirements for most businesses in Georgia to register for and use the E-Verify program.

Effective January 1st 2012, Georgia businesses will have to verify each new employee's authorization for employment using the federal E-Verify program. If new employees' employment eligibility is not verified through E-Verify, an employer will not be able to claim any wages or remunerations paid to that employee as a deductible business expense for Georgia income tax purposes.

The E-Verify program is officially known as the Eligibility Verification (EEV)/Basic Pilot Program, and is operated by the Citizenship and Immigration Services Bureau of the Department of Homeland Security (CIS), in conjunction with the Social Security Administration. Information and instructions regarding EEV/Basic Pilot Program Registration, Corporate Administrator Registration, and Designated Agent Registration can be found at https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES. To register for the program employers must enter into a Memorandum of Understanding with CIS, and undergo online training on how to properly use the E-Verify program.

Georgia employers should note that the requirements of the Act only apply to new employees hired after January 1, 2012, not to all employees. Employers should also be careful to note that compliance with the Georgia Act does not alter an employer's obligations to complete I-9s for all employees and other requirements imposed by federal immigration laws.

Employers should be careful in the drafting of policies and procedures for compliance with the Act, because compliance with the Act will not totally align with compliance with federal immigration laws, and violations of federal immigration requirements can result in hefty fines and penalties against employers.

Stuart Morelli, with FDW, can work with you in developing policies for compliance with the Georgia Illegal Immigration Reform and Enforcement Act of 2011, and federal immigration laws. Contact us at 770-478-9950.

Disclaimer: This article is designed to provide general information only. The information presented here is not intended to constitute formal legal advice nor is the provision of the same meant to result in the formation of a lawyer/client relationship.