SOP 104.13: Verification of Right to Work

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 1 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

Employees, hired or re-hired by the Georgia Department of Corrections (GDC), must
be authorized to work in the United States (U.S.) as verified through the Employment
Eligibility Verification (EEV) System.

II. Authority:

A. Federal Immigration Reform and Control Act of 1986;

B. Illegal Immigration Reform and Immigrant Responsibility Act of 1996;

C. [O.C.G.A.: § 13-10-91, Verification of New Employee Eligibility; and](http://w3.lexis-nexis.com/hottopics/gacode/default.asp)

D. State Personnel Board Rule: 478-1-.06, Recruiting, Screening and Hiring.

III. Definitions:

A. Employment Eligibility Verification (EEV) - An internet-based system operated

by the U.S. Department of Homeland Security (DHS) and the United States
Citizenship and Immigration Services (USCIS) in partnership with the Social
Security Administration (SSA) to help employers determine employment
eligibility of new hires and the validity of their social security numbers.

NOTE : Providing a Social Security number on Form I-9 is voluntary for all

employees unless working for an employer participating in EEV, which
requires an employee’s Social Security number for employment
eligibility verification. We may not ask an employee to provide a specific
document with his or her Social Security number on it.

B. E-Verify - DHS electronic process to verify the identity of employees and their

right to work in the United States. The GDC E-Verify number is 41699. The
Authorization Date is June 28, 2007.

C . List A - Documents that establish both Identity and Employment

Authorization:

1. U.S. Passport/Passport Card;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 2 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551);

3. Foreign passport that contains a temporary I-551 stamp or temporary I-551

printed notation on a machine-readable immigrant visa.;

4. Employment Authorization Document that contains a photograph (Form I
766);

5. In the case of a nonimmigrant alien authorized to work for a specific employer

incident to status, a foreign passport with Form I-94 or Form I-94A bearing the
same name as the passport and containing an endorsement of the alien’s
nonimmigrant status, as long as the period of endorsement has not yet expired
and the proposed employment is not in conflict with any restrictions or
limitations identified on the form; and

6. Passport from the Federated States of Micronesia (FSM) or the Republic of the

Marshall Islands (RMI) with Form I-94 or Form I-94A indicating
nonimmigrant admission under the Compact of Free Association Between the
United States and the FSM or RMI.

D. List B - Documents that establish Identity:

1. Driver's license or identification (ID) card issued by a state or outlying

possession of the U.S. providing it contains a photograph or information such
as name, date of birth, gender, height, eye color, and address;

2. ID card issued by federal, state, or local government agencies or entities

provided it contains a photograph or information such as name, date of birth,
gender, height, eye color and address;

3. School ID card with photograph;

4. Voter's registration card;

5. U.S. Military card or draft record;

6. U.S. Military dependent's ID card;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 3 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

7. U.S. Coast Guard Merchant Mariner Card;

8. Native American tribal document; or

9. Driver's license issued by a Canadian government authority.

E. For persons under age 18 who are unable to present a document listed

above use the following:

1. School record or report card;

2. Clinic, doctor, or hospital record; or

3. Day-care or nursery school record.

NOTE : Since GDC participates in EEV, we may only accept List B documents
that bear a photograph.

F. List C - Documents that establish Employment Authorization:

1. Social Security Account Number card other than one that specifies on the face

that the issuance of the card does not authorize employment in the U.S;

2. Certification of Birth Abroad issued by the Department of State (Form FS
545);

3. Certificate of Report of Birth issued by the Department of State (Form DS
1350);

4. Original or certified copy of a birth certificate issued by a State, county,

municipal authority or territory of the U.S. bearing an official seal;

5. Native American tribal document;

6. U.S. Citizen ID Card (Form I-197);

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 4 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

7. Identification Card for use of Resident Citizen in the United States (Form I
179); or

8. Employment authorization document issued by DHS.

G. "Unauthorized Alien" - For the purposes of the hiring restrictions in the law, is

a person who, at the time of employment, is not (1) an alien lawfully admitted for
permanent resident, or (2) authorized to be so employed by The Federal
Immigration Reform and Control Act of 1986 or the U.S. Attorney General.

IV. Statement of Policy and Applicable Procedures:

A. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,

the Department is required to:

1. Verify the right of each employee to work in the U.S.;

2. Attest that documentary proof has been provided of this right by completing

Form I-9, Employment Eligibility Verification, and EEV; and

3. Maintain records of such attestation.

B. Process:

1. Form I-9 must be completed by both the employee and the employer at the

same time that the employee completes all other employment papers.

a. New employees must either present an original document from List A, or

one original document from List B, plus a separate original document from
List C. A certified copy of the birth certificate is acceptable. The document
title, issuing authority, document number and expiration date, if any, and
the date employment begins must be listed on Form I-9. This applies to all
new employees regardless of position.

NOTE : A current employee who changes their name must complete
a new Form I-9.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 5 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

b. The employer must accept any document or combination of documents

which DHS deems acceptable and cannot specify which document(s) they
will accept from an employee.

c. The employer must make reasonable effort to ascertain the legitimacy of

the documents but cannot refuse to honor documents that reasonably
appear to be genuine.

C. Employment Eligibility Verification (EEV):

1. The employer will access EEV and enter the requested information on the

Initial Confirmation page. This must be completed within three calendar (3)
days of hire.

NOTE : The hire date is not always the start date. It is the date that the I-9 is
signed.

2. EEV is accessed by using the following link and upon initial login, the user

will be prompted and required to change the assigned temporary password.
Once changed, the user will then be required to complete an on-line tutorial
[and receive a passing score to gain access to EEV: https://e-](https://e-verify.uscis.gov/emp/)
[verify.uscis.gov/emp/](https://e-verify.uscis.gov/emp/)

3. The printout of EEV results stating, “Employment Authorized”, Form I-9 and

copies of the verification documents from Lists A or B and C must be sent to
Corrections Human Resources Management as part of the hiring package.

4. In the event that the person is not authorized during the initial verification

process through EEV, it is the responsibility of the applicant to resolve this
issue prior to being employed.

5. Once the person is deemed “Employment Authorized”, the case is closed in

EEV by selecting “Resolve Case” and no further action is needed on this
person.

6. Persons who are unable to present required documents may present a receipt

under the following guidelines:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|Policy Name:Verification of Right to Work|
|Policy Number: 104.13|Effective Date: 8/28/2018|Page Number: 6 of 6|
|Authority:
Commissioner
|Originating Division:
Administration & Finance
Division (Human Resources)|Access Listing:
Level I: All Access
|

a. Receipts for the application of a replacement document where the

document was lost, stolen, or destroyed which can be a List A, List B or
List C document. The employee must present the replacement document
within ninety (90) days of the date of hire.

b. Arrival portion of a Form I-94 or I-94A with an attached photo and a

temporary I-551 stamp, which is a receipt for a List A document for a
Lawful Permanent Resident. When the stamp expires, or if the stamp has
no expiration, one (1) year from date of issue, the employee must present
the Form I-551 Permanent Resident Card.

b. Departure portion of the Form I-94 or I-94A with an unexpired refugee

admission stamp, which is a receipt for a List A document. Within ninety
(90) days from date of hire, the employee must present an unexpired Form
I-766 or a List B document and an unrestricted Social Security card.

c. When the employee provides an acceptable receipt, the employer should

record the document title in Section 2 of the Form I-9 and write the word
“receipt” and any document number in the “Document #” space. When the
employee presents the actual document, the employer should cross out the
word “receipt” and any accompanying document number, insert the
number from the actual document presented, and initial and date the
change. Failure by a newly-hired employee to adhere to these time frames
may result in his/her termination from employment.

7. If a potential employee refuses to provide the required documentation, that

person should not be allowed to begin work since employers are subject to civil
or criminal penalties if they do not comply with the Immigration Reform and
Control Act of 1986.

8. Persons whose work authorizations expire must provide proof of current work

authorization not later than the date the work authorization expires. Failure to
do so may result in his/her termination from employment.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy: None.