Question – you are a Georgia employer working on a public contract and a subcontractor provides 1099 workers driver’s licenses or ID cards in lieu of the E-Verify affidavit AND some of the cards are from one of the 17 “non-compliant” or “compliance verification pending” states as listed in the report provided by the Attorney General of Georgia entitled Report of the Attorney General on States Compliant with the Immigration Verification Requirement of the Illegal Immigration Reform and Enforcement Act of 2011.  

A very good question which requires a long-winded and fuzzy response. According to state authorities, the unofficial response is the following -- if a subcontractor forwards a license or ID card from a 1099 worker in order to satisfy the requirements of the Georgia immigration law and it is a license or ID card from a “non-compliant” or “compliance verification pending” state, it cannot be accepted. Therefore, in order to be substantially compliant with the law one would need to require that the 1099 worker(s) in such a situation show a document from the List of Secure and Verifiable Documents also provided by the Attorney General of Georgia. However, you may notice that the List has foreign documents as well as U.S. documents and therefore presumably one should only accept U.S. issued documents.

Fuzzy answer because the statute, as drafted, doesn’t specifically say this but in order to achieve the intent of the law (i.e., verify that workers are lawfully present and authorized to work in the United States) this is how it could be done. Note – this is not intended to provide legal counsel and specific questions should be addressed to legal counsel as I have yet to find a situation under our immigration laws which is cookie cutter perfect and equally applies to all.