Important Notice for All Employers

How do recent changes to the Georgia Systematic Alien Verification for Entitlements (SAVE) program affect Georgia business owners?  While certain provisions of the recently enacted amendments to the SAVE Act may affect all or most businesses in Georgia, the largest impact will be felt in the field of government contracting.

All Businesses: The SAVE program requires all local governments to ensure that the recipients of governmental entitlements and benefits prove that they are American citizens or legal alien residents. Certain local governments in Georgia, like Cobb and Gwinnett Counties, have decided to enforce this provision as they issue business licenses. As such, businesses which apply for new or renewal business licenses must provide an affidavit attesting that the owner(s) of the company, corporation, partnership or LLC are legal residents of the United States.

Government Contractors: The SAVE program requires that all state, regional, and local government agencies in Georgia contract for the performance of services with businesses that are actively participating in a federal employee verification system. At this time, the Eligibility Verification (EEV)/Basic Pilot Program operated by the Citizenship and Immigration Services Bureau of the Department of Homeland Security, in conjunction with the Social Security Administration, is the only available program. Business owners can find information and instructions regarding EEV/Basic Pilot Program Registration, Corporate Administrator Registration, and Designated Agent Registration here.

Once a business registers with the federal employee verification program, the SAVE Act requires all contractors to use the federal system to verify the employment eligibility of all new employees, and to continue to use the federal verification program for the remainder of the contract period. It is also important to note that any contractor working upon a government contract is also required to ensure that all subcontractors used on the government project are also participating in a federal employee verification program.

To ensure that government contractors and subcontractors are actively participating in federal employee verification programs the SAVE act requires that businesses bidding for government contracts in Georgia must provide, along with other bid documents, a signed notarized affidavit attesting to the following:

• the business has registered with and is authorized to use a federal work authorization program
• the business user identification number and date of authorization to use such federal work authorization program;
• the business is currently using and will continue to use the federal work authorization program to verify the work eligibility of all new employees throughout the contract period.

New employment paperwork can be confusing and time-consuming. FDW Associate Stuart Morelli can work with you in developing the templates for the required SAVE affidavits and answer any other questions you have regarding compliance with the Georgia Systematic Alien Verification for Entitlements program. You can contact him at 770.478.9950 or smorelli@fdwlaw.com.