(Bold emphasis in the below copy is mine – dak)
From: Jordan Watson <JWatson@law.ga.go>
Date: September 23, 2024 at 7:15:46 PM GMT+3
To: Jesse Petrea <jpetrea@>, jesse.petrea@house.ga.go
Subject: SB 497
Dear Chairman Petrea,
Thank you for your letter regarding the impact of SB 497. While our office generally represents executive branch agencies and does not typically represent the General Assembly, I did ask some of our attorneys to take a look at your letter and wanted to provide you with our office’s informal analysis of the issue you raised.
For background, our understanding is that the High Demand Apprenticeship Program allows an employer to apply with the State to offer an apprenticeship program. We understand that the employer then enters into a contract with the Technical College System of Georgia to perform the requirements of an apprenticeship program in exchange for a contract completion award of $5,000 per apprentice.
In response to your question of whether the addition of “Apprenticeships” to O.C.G.A § 50-36-1 applies to the employer offering the apprenticeship program, the short answer appears to be yes. Because the employer is the applicant in the context of O.C.G.A § 20-4-15, he or she must verify his or her lawful presence in the United States under federal immigration law as part of applying to participate in the apprenticeship grogram. TCSG’s High Demand Apprenticeship Program Policy (available at https://www.tcsg.edu/HDAP/ ), in turn, requires that the potential apprentice provide proof of his or her lawful eligibility. Specifically, TCSG’s Procedure B.5(B) of the Policy requires that a proposed apprentice provide proof of lawful presence in the United States to the employer to be eligible for an apprenticeship under the program. TCSG’s policy further provides that the apprentice’s lawful status must be verified before the apprenticeship can begin and before any payment is made to the employer. Finally, under the policy, “[a]ll apprentices supported through the High Demand Apprenticeship Program must be eligible to receive public benefits and verified through the federal Systematic Alien Verification for Entitlements (SAVE) program.”
I hope this is helpful and answers your questions regarding O.C.G.A. § 50-36-1.
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Jordan Watson Dir. External Affairs & Policy Office of the Attorney General Chris Carr Executive Office (404) 458-3492 jwatson@law.ga.gov Georgia Department of Law Atlanta, Georgia |
