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

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

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