(SAVANNAH, GA) Understanding the New I-9 Law Changes in Five Minutes or Less

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(Savannah, GA) “All eyes are on Georgia,” says Joy Fischer, Human Resource Specialist for The Sullivan Group, “the Georgia Security and Immigration Compliance Act is a first of its kind for the state and others are anxiously awaiting the results.”The law requires that state agencies check citizenship status before dispensing certain benefits, and it forces local law enforcement authorities to get training to enforce federal immigration rules.

The Act requires that all “public” employers and their contractors or subcontractors register and participate in the Federal Work Authorization Program to verify the status of newly hired employees.  The law has three effective dates:    

July 1, 2007 – for every public employer and contractor, including every subcontractor, who has 500 or more employees

July 1, 2008 – for 100 or more employees    

July 1, 2009 – for 99 or fewer employees

“A public employee,” describes Ms. Fischer, “is defined as any department, board, bureau, commission, authority, or other state agency that employs 15 or more employees, and includes individuals employed by the state or any of its political subdivisions, including public bodies.”The portion of the law that took effect in July requires entities to verify legal U.S. residency before local, state or federal benefits can be applied. 

Individuals requesting benefits must be 18 or older.”Any individual receiving state benefits must sign one of two affidavits, either stating the individual is a U.S. citizen or a legal alien.There is one exception to the residential verification; prenatal or emergency care, which mirrors the federal law already in place.

The law also requires all “legal alien” affidavits to be checked in with the federal SAVE program database to verify lawful eligibility for public benefits.  It also requires 6% state withholding tax for 1099 employees who cannot provide a taxpayer ID number, who provide an incorrect taxpayer ID number or who provide a nonresident taxpayer ID number. “New limits have also been placed on for-profit immigration assistance agencies regarding what services they can provide and the Act criminalizes certain actions,” explains Ms. Fischer.

The Act requires these agencies to post signs stating they are not lawyers and restricts the businesses from using the terms notary, lawyer or attorney in their advertising (unless certified as such). 

The first offense of non-compliance is a misdemeanor; the second is a high and aggravated misdemeanor and subsequent offenses within five years.Ms. Fischer says, “by July 1, 2008, the law will require that businesses compensating undocumented employees more than $600 a year may not claim wages as an allowable business expense, and will require a 6% state withholding tax for all nonresident aliens.

”The Sullivan Group is an authoritative source for human resources issues.  They not only can help you with the new I-9 regulations, but many other challenges as well. 

To learn more about The Sullivan Group and how they can help your business, be sure to visit www.simplysullivans.com or contact the office, 912.352.3800.

Distributed by carriagetradeprCarriageTradePR, Savannah, GA

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