It's back: Mandatory E-Verify law reintroduced in the House

Today's post comes from G.Neil's HR News Weekly:

If a recently proposed bill gains traction, all employers may one day be required to use E-Verify to check an applicant's eligibility to work in the United States. The Secure America through Verification and Enforcement (SAVE) Act is a bipartisan bill that was recently reintroduced in the House of Representatives. If implemented, the bill would create a four-year phase -in period for using E-Verify with potential and current hires, as follows:

=> Federal government, federal contractors and large employers with 250+ employees - within one year
=> Companies with 100 to 250 employees - within two years
=> Companies with 30 to 100 employees - within three years
=> All other employers - within four years

In addition to E-Verify compliance for employers, the SAVE Act would enhance border security and step up enforcement of existing immigration laws. Keep in mind that the bill is one of many versions of legislation introduced in the House and Senate since 2007, all which have failed to advance.

Even if you don't currently use E-Verify with your new employees, you still must confirm that they are eligible to work in the United States. Ensure you're up to date on the latest immigration laws, and fulfill mandatory verification requirements, with our Forms I-9 and other practical tools.

Previous posts:

New E-Verify tool helps job seekers verify employment eligibility

Getting better versed about E-Verify

USCIS issues User Manual to clarify E-Verify for federal contractors

It's back: Mandatory E-Verify law reintroduced in the House

New E-Verify tool helps job seekers verify employment eligibility

Today's post comes from G.Neil's HR News Weekly:

The launch of E-Verify Self Check – a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) – means U.S. job seekers can now check their own employment eligibility status before obtaining jobs. 

This voluntary, secure service is the first online tool of its kind, designed to allow workers to review their employment eligibility in their job search, as well as correct any errors in their DHS and SSA records. Doing so can protect them from potential difficulties in being hired by an E-Verify participating employer. This preliminary step can create efficiencies for businesses, as well.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal workforce,” said Secretary of Homeland Security Janet Napolitano. “The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.”

New E-Verify tool helps job seekers verify employment eligibility

Getting better versed about E-Verify

As you already know, E-Verify is the free, Web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares employee information from the Form I-9 against federal databases to confirm that new hires are legally authorized to work in the United States.

But do you know some of the latest developments surrounding this federal program? Here are the top four:

1) It is mandatory for federal contractors

As of September 8, 2009, all federal contractors and subcontractors (including those who receive American Recovery and Reinvestment Act funds) are required to use E-Verify to check a worker’s employment eligibility. The rule applies specifically to contracts of more than $100,000 and subcontracts of more than $3,000.

2) Nearly ¼ of our states require E-Verify

While largely a voluntary program, E-Verify is required for public and/or private employers in 13 states (ten through legislation and three through executive orders).

3) Participation in E-Verify is growing rapidly

More than 182,000 employers are currently enrolled in E-Verify, with more than 8.7 million queries generated in 2009. As of mid-January, the number of queries in 2010 had already reached 3.6 million.

In addition, the number of registered employers is growing by more than 1,200 per week.

4) E-Verify participants must comply with posting requirements

In addition to following specific procedures for new hires, E-Verify users must clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work Poster. Together, they explain the employer’s use of E-Verify and the rights of employees.

Keep in mind that even if your business outsources I-9 compliance and employment eligibility verification (and E-Verify is part of that process), you must display these postings in the workplace.

Getting better versed about E-Verify

USCIS issues User Manual to clarify E-Verify for federal contractors

In the August 3 post, DHS strengthens employment verification, contractors must use E-Verify, we discussed the federal contractor rule that, as of September 8, 2009, requires all covered federal contractors and subcontractors to use E-Verify to verify the work eligibility status of their employees.

To clear up any confusion regarding the specifics, U.S. Citizenship and Immigration Services has released an E-Verify User Manual for Federal Contractors. The 68-page (!) supplemental guide covers:

• applicable regulations
• instructions on verifying new and existing employees via Form I-9
• E-Verify enrollment and participation as a federal contractor
• exemptions and exceptions for qualifying contractors, subcontractors, independent contractors and affiliates
• enrollment instructions for organizations that qualify for exceptions
• enrollment instructions for contractors not yet enrolled in E-Verify
• instructions for contractors already enrolled in E-Verify

According to the Wall Street Journal, about 169,000 federal contractors and subcontractors (who employ approximately 3.8 million workers) will be affected by the new E-Verify federal contractor rule. The WSJ article explains the key steps regarding the program:

1) After an E-Verify provision is put into its contract, a federal contractor or subcontractor will have 30 days to enroll in the E-Verify system
2) Each employer must sign a memorandum of understanding with the government to use E-Verify
3) Contractors will use a secure Web site to check the legal status of workers involved in a government project, except for some who are exempt because of security clearances
4) In about 97% of the cases, contractors will receive an immediate electronic response confirming the employee's eligibility to work
5) In other cases, contactors will receive a "tentative non-confirmation" notice; contractors and employees will then have eight days to try to address any problems with the Social Security Administration or immigration officials

USCIS issues User Manual to clarify E-Verify for federal contractors

Has the No-Match Rule met its match with E-Verify?

In a bit of a “I told you so” move, the Department of Homeland Security (DHS) proposed a new regulation on August 19 that could kill the controversial Social Security Administration (SSA) No-Match Rule. As you recall, the rule established a “safe harbor” provision allowing employers 90 days to resolve any employment eligibility issues identified in a No-Match letter or notice from DHS. (Typically, an employee’s name and Social Security Number - as provided in a W-2 earnings report - not matching SSA records.)

Most employers aren’t sad to see the rule go. This is largely due to the fact that even though millions of undocumented immigrants receive No-Match letters every year, so do legal workers, due to clerical errors, unreported name changes and other discrepancies. Regardless of the circumstances, the No-Match Rule would have put employers in the hot seat, requiring them to penalize or fire workers who were unable to correct their Social Security records in time.

In the rule’s place, the DHS plans to focus its enforcement efforts on employer participation in E-verify. This free, Web-based system, operated by DHS in partnership with the SSA, compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” says DHS Secretary Janet Napolitano.

Like I mentioned earlier, it’s not like we didn’t see this coming. In a July 8 press release from the DHS, it was revealed:

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

What to do in the meantime?

Even though it looks like the DHS will not be mandating a “safe harbor” process for responding to No-Match letters anytime soon, you should still follow some basic precautions when screening and verifying an employee’s eligibility to work.

By law, you may not:

Set different standards for verifying employment eligibility or require that different documents be presented by different groups of employees. For example, you cannot waive I-9 requirements for individuals appearing to be U.S. citizens.

Require applicants to provide I-9 documentation before making a job offer. Legally, job applicants do not have to verify their identity or employment eligibility until they actually start work.

Specify or select which documents must be provided. The I-9 form lists the specific documents an individual may provide to establish his/her identity and work authorization. Employers must allow individuals to choose from this list of permissible documents.

Discriminate against individuals with “temporary” work authorization status. Temporary resident aliens and individuals who have asylum typically have documents that expire, but they ordinarily obtain extensions.

Has the No-Match Rule met its match with E-Verify?

DHS strengthens employment verification, contractors must use E-Verify

Federal contractors have about six weeks left to start using the government’s E-Verify system to check employee work authorization.

On July 8, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano.

“Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” (DHS press release)

E-Verify is the free web-based system operated by DHS in partnership with the Social Security Administration (SSA) that compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases to verify workers’ employment eligibility.

Starting on September 8, 2009, the federal contractor rule will extend the use of the E-Verify system to all covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.

Read the full DHS press release for more information.

DHS strengthens employment verification, contractors must use E-Verify

E-Verify regulations on hold again

The federal government has extended the effective date of the E-Verify requirement for federal government contractors to September 8, 2009. The requirement was previously set to take effect on June 30, 2009.

The rule would require most government contractors to verify the immigration status of current and new workers using the federal government’s E-Verify electronic employment eligibility verification system.

Implementation of the requirement has been delayed “to allow President Barack Obama's administration more time to complete its review of the rule,” Jennifer Kerber, vice president for federal and homeland security policy for TechAmerica, wrote in an e-mail message to members today. (via Washington Technology)

An official announcement is expected to be published in the Federal Register later this week.

This will be the fourth delay in the effective date of the E-Verify regulations, which were originally scheduled to take effect in January.

E-Verify regulations on hold again

Obama delays E-Verify requirement

President Obama has delayed the effective date of a new rule that would require government contractors to verify the immigration status of their employees using the federal government’s E-Verify electronic employment eligibility verification system. The new effective date is June 30, 2009.

E-Verify is the U.S. Citizenship and Immigration Services’ (USCIS) system that federal contractors would be required to use to verify the eligibility status of new hires and existing employees to work in the U.S.

Obama’s administration pushed back implementation of the new E-Verify rule in order to complete an administration review of the requirement, which is also the subject of a federal lawsuit, according to a Federal Register notice published Friday.

This extension will mark the third delay in the effective date of the requirement, which was originally scheduled to take effect January 15, 2009.

Obama delays E-Verify requirement

Obama on labor law: Preparing for change

As President-elect Barack Obama prepares to take his place in the White House, businesses across the country are considering what impact his plans will have on their organizations in the coming years.

In our existing unpredictable market, businesses should be prepared for impending changes related to wages, immigration, taxes, health care, executive compensation and benefits, civil rights and an inevitable increase in worker unionization, according to Littler Mendelson, the nation’s largest employment and labor law firm representing management, in a recent article.

“The combination of President Obama, with an electoral mandate for change from the voters, large Democratic gains in both houses of Congress, and the declining economy, sets the stage for a wave of legislative and regulatory proposals intended to protect workers in these troubled times,” Jay Sumner, a Washington, DC-based attorney at Littler said. “In the first 100 days and over the next four years, American businesses should anticipate significant changes.

“Those companies that educate themselves and prepare to navigate the changed labor and employment landscape will survive and prosper, and they should have a competitive edge over those that are caught unprepared,” said Sumner in a recent Seacoastonline.com article.

Here are the most important employment law issues we’ll be watching after Obama takes office in 2009:

Unions - The Employee Free Choice Act (EFCA), designed to make it easier for unions to organize, is the top item on the labor agenda. Obama has already pledged to sign EFCA into law once passed.

Health care - Experts predict that the Obama Administration will explore avenues to keep the current employer-provided health care system in place. Obama’s health care plan would require employers to provide health care benefits or pay a percentage of payroll to support public health care.

Immigration - The new administration will push to increase enforcement of immigration laws and hold negligent employers accountable for disregard of immigration laws and employing undocumented workers. Obama is likely to agree with past proposals requiring government contractors to use E-Verify and could extend the program if accuracy and funding issues are settled.

Minimum Wage - Obama has pledged to increase minimum wage and index it to inflation.

Time off - The Obama Administration wants to expand the Family and Medical Leave Act (FMLA) to cover smaller employers, those with 25 or more employees, and permit leave for more reasons. Obama and Congress are also considering paid FMLA leave, mandatory sick leave and flexible work arrangements.

Obama on labor law: Preparing for change

New passport card acceptable in Form I-9 process

The United States Citizenship and Immigration Services (USCIS) is informing the public that the new U.S. Passport Card may be used to verify employment eligibility in the Form I-9 process.

The new passport card was created as a less expensive and more portable alternative to the traditional passport book. Its purpose is to speed up document processing at U.S. land and sea ports of entry for U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda.

While the card may not be used for international air travel, it is a valid passport certifying U.S. citizenship and the card holder’s identity. The new passport card may be used to verify work eligibility in the Form I-9 process and employers participating in the E-Verify program.

The passport card is classified under “List A” documents to prove the identity and work eligibility of a newly hired employee when completing the I-9 form. Review the lists of acceptable and unacceptable documents new hires may use to verify work eligibility.

In related news, the House of Representatives passed the Employee Verification Amendment Act of 2008 on July 31, that would extend the federal E-Verify program for five years.

The act includes a provision that would authorize two Government Accountability Office studies to investigate the impact of the program on small businesses.

The bill continues through to the Senate, but no action is expected until September when legislators return from their August recess.

Read more about the E-Verify extension.

New passport card acceptable in Form I-9 process