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Total Articles: 54

Mandatory E-Verify under Consideration in Congress

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed.

Spending Bill Would Fund Government E-Verify, Certain Visa Programs through End of Fiscal Year

Back in December, President Barack Obama signed a stop-gap spending bill to keep the government running through April 28, 2017. Immigration programs that were extended at that time included the Conrad 30 Waiver, the Non-Minister Religious Worker Visa, the EB-5 Regional Center, and E-Verify.

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget provides details on discretionary funding proposals, with the complete Budget request being released later this year to include specific mandatory and tax proposals. The government’s 2018 fiscal year commences on October 1, 2017.

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to reiterate some general guidelines regarding employer compliance with the antidiscrimination provision of the Immigration and Nationality Act.

E-Verify Records Will Soon Be Purged

This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006.

E-Verify Extended Through April 2017

President Barack Obama has temporarily extended the federal E-Verify program by signing the Further Continuing and Security Assistance Appropriations Act, 2017, which extends appropriations through April 28, 2017. E-Verify, or the Electronic Verification system, is a web-based program operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). E-Verify allows participating employers to electronically verify the information provided by the employee on the Form I-9.

Proposed Changes to E-Verify

United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program.1 USCIS’ Supporting Statement provides that the proposed changes are aimed at assisting employers with preventing document fraud and with electronically verifying the employment authorization of employees with expiring temporary work authorization.2

Many Tennessee Employers Will Soon Be Required To Use E-Verify

Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or more employees will be required to use the E-verify system in order to determine workers’ eligibility for employment. If you currently do not use E-Verify, the time to begin preparing is now.

Government to Delete E-Verify Records after 10 Years

Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created prior to December 31, 2005. This action is being taken to comply with the National Archives and Records Administration’s retention and disposal schedule.

E-Verify Records Disposal Is Imminent, System Enhancements Made

On January 1, 2016, E-Verify must delete transaction records that are more than 10 years old, in accordance with the National Archives and Records Administration's (NARA) retention and disposal schedule. An employer that used E-Verify before December 31, 2005, that wants to keep a record of its case information should download and save the new Historic Records Report by December 31, 2015, which is the last day the report will be available. The report contains information about each E-Verify case that will be purged.

Proposed Expansion of E-Verify Services and Obligations Could Add New Burdens for Employers

U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to expand not only its E-Verify communication services but also implement new obligations for employers that participate in the E-Verify program (either voluntarily as a federal contractor or as required by state law). E-Verify is a USCIS sponsored, Internet-based system that compares information from an employee’s Form I-9 to data on file at the U.S. Department of Homeland Security and the Social Security Administration (SSA) to confirm employment eligibility. Several of these changes could create complications or increase potential burdens for employers that use the program.

USCIS Adds Foreign Language Resources for Employers

The US Citizenship and Immigration Services (USCIS) has released versions of current forms and the E-Verify poster in three additional foreign languages: Urdu, Punjabi and Somali. Employers with employees who are not proficient in English now have additional resources available in order to better inform employees of employment verification processes.

USCIS Expands myE-Verify Program as Compliance Actions Rise

myE-Verify, a free, web-based service for workers and job seekers provided by US Citizenship and Immigration Services (USCIS), is now available nationwide after an initial roll-out to five states. According to the USCIS, myE-Verify allows employees to find information regarding their rights during the employment eligibility verification process in addition to their employers' responsibilities during the process.

E-Verify Cracks Down on Identity Theft

One of the issues employers have had with E-Verify is that the process was not designed to detect identity theft. This created a possibility that an employer could receive a "confirmation" from USCIS on two different employees who used the same social security number. USCIS is now trying to address this issue with E-Verify.

With Shutdown Over, All E-Verify Services Now Available

After the federal government’s partial shutdown on October 1, 2013, employers were unable to access their E-Verify accounts. Now that funding has been restored and E-Verify services are back online, the Department of Homeland Security has issued guidance and instructions to employers.

Immigration Alert: E-Verify Is Currently Unavailable

As of Oct. 1, 2013, employers will not be able to access their E-Verify accounts because of the federal government’s partial shutdown. As a result, employers will not be able to verify employment eligibility or view or take any action in any case previously initiated in E-Verify. In addition, employers will not be able to resolve any Tentative Nonconfirmations (TNCs) until E-Verify reopens. We will await further guidance from the USCIS and the Department of Homeland Security once the agencies reopen.

Staggered Implementation of Georgia and North Carolina E-Verify Laws Completed on July 1

In May and June 2011 respectively, the states of Georgia and North Carolina each passed laws mandating the use of E-Verify, an internet-based system, administered by the federal government, which allows businesses to determine the eligibility of their employees to work in the United States. Each of the state’s E-Verify requirements were implemented in stages and participation was phased in according to the employer’s size.

The Law of Unintended Consequences: Immigration and E-Verify

A recent article in Businesweek, A Verification System for New Hires Backfires makes clear just how complex the immigration issue is.

Federal Judge Blocks Certain Provisions of Georgia Immigration Law

Today, U.S. District Court Judge Thomas Thrash granted a temporary injunction on key parts of the Georgia Immigration law due to go into effect on July 1, 2011. The Judge ruled that the criminal provisions of the law, specifically those empowering police to investigate the immigration status of certain suspects and those prohibiting the transport, harboring, and enticing of illegal aliens, ran afoul of federal law. The parts of the law that were not blocked will go into effect as scheduled, including those requiring state contractors and private employers to participate in E-Verify.

Florida Governor Orders Agencies To Use E-Verify.

Effective immediately, Florida state agencies under the direction of the Governor, and any contractors or subcontractors with those agencies, are required to use the U.S. Citizenship and Immigration Services' E-Verify system to check the legal work authorization of employees.

The Road to Verification: U.S. Supreme Court to Weigh in on E-Verify, But Pennsylvania Moves Ahead.

Arizona's controversial immigration laws are being tested in the court of public opinion, the 9th U.S. Circuit Court of Appeals and the U.S. Supreme Court, but that's not stopping Pennsylvania from wading into the same potential quagmire.

E-VERIFY REDESIGNED (pdf).

On June 13, 2010, the Department of Homeland Security unveiled its latest redesign of the E-Verify website with the goal of improving its usability, security, accuracy and efficiency.

New E-Verify Law Goes Into Effect.

The recently passed law amending the Illinois Right to Privacy in the Workplace Act places statutory obligations on employers that use E-Verify. Effective January 1, 2010, Illinois employers now are required to complete an attestation at the time of E-Verify enrollment. The form requires employers to attest to the following: (1) the employer and all its employees using E-Verify have received the Basic Pilot or E-Verify training materials and completed the online computer-based tutorial (CBT) training provided by the Department of Homeland Security (DHS); (2) the employer has posted the required notice from DHS indicating that the company is enrolled in E-Verify in a place that is clearly visible; (3) the employer maintains the original signed attestation form, as well as all CBT certificates of completion and makes them available for copying and inspection at the request of the Illinois Department of Labor; and (4) the employer has posted the required anti-discrimination notice issued by the Office of Special Counsel for Immigrant-Related Unfair Employment Practices (OSC) in a place that is clearly visible. Employers already enrolled in E-Verify must sign the attestation before January 30, 2010.

The Federal Government and Immigration Enforcement in 2010: I-9 Audits, Site Visits and a Big Push for E-Verify.

The Obama administration's Immigration and Customs Enforcement (ICE) under the leadership of Secretary of Homeland Security Janet Napolitano implemented a bold new worksite enforcement strategy and shifted the focus onto employers in 2009. The result was immediately noticeable, and a new era of stricter corporate compliance means the business community should now be on guard and expect an increase in I-9 audits, employer recordkeeping audits, unannounced site visits, and a big push for E-Verify for use by employers in 2010.

E-Verify Updates – Federal Contractors, Illinois Special Certification, Supreme Court Mulls Arizona Law.

President Barack Obama signed a $42.8 billion fiscal year 2010 homeland security appropriations bill that included a three-year extension of the federal government’s employment verification system – E-Verify. Approximately $137 million was budgeted to operate the system and further improve its accuracy and compliance rates. Although proposals to make E-Verify mandatory were not included in the final bill, there is clear support for the continuation and expansion of E-Verify as evidenced by the recent implementation of the Federal Acquisition Regulation (FAR) requiring certain federal contractors to use the system.

E-Verify: The Truth About Who Has to Use It (pdf).

Now, not only do all private employers with operations in certain states (Arizona, Mississippi, and South Carolina) have to use E-Verify, but also certain employers with certain federal contracts or subcontracts have to as well. Figuring out whether you are required to use E-Verify and what you need to do can prove challenging, so we've rounded up some helpful tips.

E-Verify for Federal Contractors Underway.

On November 14, 2008, the Bush Administration promulgated a final rule to amend the Federal Acquisition Regulation (FAR) to require certain federal contractors to use E-Verify. After four delays and a lawsuit filed to prevent implementation, the federal contractor/E-Verify regulation became effective on September 8.

Federal Contractor E-Verify Rule Goes Into Effect On September 8, 2009

On September 8, 2009 the government will begin requiring federal contractors to use E-Verify to verify the legal work status of newly-hired employees and current employees working directly on the covered federal contract. The U.S. Chamber of Commerce is seeking an emergency order from the U.S. Court of Appeals for the Fourth Circuit to delay implementation but it appears unlikely to be granted.

E-Verify for Federal Contractors Takes Effect.

The regulation requiring certain federal contractors to use E-Verify goes into effect on September 8, 2009. Implementation of the regulation has been delayed four times and many questions remain unanswered. A simple Q&A might be helpful to sort out exactly what this regulation means to employers.

E-Verify Requirement For Federal Contractors Now Delayed Until September 8.

Implementation of the regulation requiring certain federal government contractors and subcontractors to use the U.S. Citizenship and Immigration Services (USCIS) E-Verify system has once again been delayed. Most recently scheduled to become effective on June 30, the regulation's effective date has been pushed back to September 8, 2009. The regulation was published on November 14, 2008, and was originally scheduled to take effect on January 15, 2009.

DHS: E-Verify for Federal Contractors WILL Happen.

On July 8, the Department of Homeland Security (DHS) issued a press release announcing the agency’s support for the delayed regulation that would require certain federal contractors to use E-Verify to check employee work authorization. After four delays in implementation, DHS Secretary Janet Napolitano confirmed the regulation will indeed become effective on September 8. Simultaneously, Secretary Napolitano announced DHS’ intention to rescind the Social Security No-Match rule, which has been on-hold for nearly two years due to litigation contesting the validity of the rule (see the article in this issue regarding the No-Match rule).

E-Verify Reminders for Employers in South Carolina and Mississippi.

E-Verify, the Internet-based system operated by United States Citizenship & Immigration Services (USCIS) that allows employers to verify the employment eligibility of employees, is currently voluntary at the federal level. However, certain states have acted to require some or all employers to use the system. Arizona has the most sweeping law, requiring all employers to use E-Verify.

E-Verify Requirement for Federal Contractors Now Delayed Until September 8.

Implementation of the regulation requiring certain federal government contractors and subcontractors to use the U.S. Citizenship and Immigration Services (USCIS) E-Verify system has once again been delayed. Most recently scheduled to become effective on June 30, the regulation’s effective date has been pushed back to September 8, 2009. The regulation was published on November 14, 2008, and was originally scheduled to become effective on January 15, 2009. This is the fourth time implementation of the regulation has been delayed.

Federal Contractor E-Verify Rule Delayed Until September 8, 2009.

The effective date of the Federal Contractor E-Verify Rule has been postponed once again. The new implementation date is now scheduled to be September 8, 2009, (extended from the most recent scheduled implementation date of June 30, 2009) and is the result of an agreement between the parties to the lawsuit filed by the U.S. Chamber of Commerce and other business groups challenging the rule.

Compliance Watch: E-Verify, State Laws, Enforcement and I-9s.

Ogletree Deakins will continue to provide updates and reminders on significant changes in immigration compliance on a regular basis. With all of the changes, stops, starts, delays and new rules, it is difficult to recall what changes are effective, which ones have been discontinued and which ones are soon to become effective. Below is a status report on significant compliance developments:

Federal Contractor E-Verify Delayed Again;Updates on State Laws, Enforcement and I-9s.

The regulation requiring certain federal contractors to use E-Verify is once again being delayed from May 21 until June 30. A notice was published in the Federal Register on April 16 confirming the delay. This is the third delay in implementation of the rule which was originally expected to be effective on January 15, 2009. E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. The rule would require participation in E-Verify by certain federal contractors and their subcontractors.

Effective Date for Federal Contractor E-Verify Rule Delayed Again.

The federal government has announced a third delay in the implementation of the Federal Contractor E-Verify Rule. The new date for implementation of the rule is now June 30, 2009.

Compliance Watch: Obama Administration, E-Verify, and State Laws.

The world of immigration compliance continues to be a moving target for employers. In recent months, stricter state and federal government compliance provisions have been initiated, though the implementation of several of these measures has been delayed. A new Employment Eligibility Verification Form (Form I-9) was finalized in December, and then implementation was delayed from February to April (see the January 2009 issue of the Immigration eAuthority). A regulation requiring certain federal contractors to use E-Verify was published in November and then delayed twice and now is scheduled to be effective on May 21 (see Ogletree Deakins’ November 14, 2008 E-Alert). Several states have acted to require employers to use E-Verify, the Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of newly-hired employees. Arizona requires all employers to use E-Verify, while the other states typically require certain employers with state government contracts to use the electronic verification system.

Second Delay of Effective Date for Federal Contractor E-Verify Rule.

The federal government has agreed to delay the implementation of the Federal Contractor E-Verify Rule until at least May 21, 2009. This is the second delay. Previously, the federal government decided to postpone the implementation of the rule until February 20 following a lawsuit filed by the U.S. Chamber of Commerce and other groups.

Federal Contractor E-Verify Delayed Until February 20.

The Department of Homeland Security (DHS) announced the implementation of the regulation requiring certain federal contractors to use E-Verify will be postponed from January 15 to February 20. E-Verify is the Internet-based system operated by DHS in cooperation with the Social Security Administration that allows participating employers to electronically verify the employment authorization of newly-hired employees. The final regulation requires certain federal contractors to use E-Verify for new hires and to reverify existing employees working on covered contracts.

E-Verify Federal Contractor Rule Suspended.

On January 9, 2009, the federal government agreed to suspend the implementation of the E-Verify Federal Contractor Rule until February 20, 2009. The E-Verify Federal Contractor Rule was due to take effect on January 15, 2009, but the government agreed to delay implementation after the U.S. Chamber of Commerce, along with other business groups, filed a lawsuit on December 23, 2008 challenging the legality of this law. A notice announcing the suspension is scheduled to be published in the Federal Register this week.

E-Verify Mandatory for Federal Contractors.

Starting January 15, 2009, certain federal contractors and subcontractors will be required to begin using the E-Verify system administered by the U.S. Citizenship and Immigration Services (USCIS) to verify the eligibility of their employees to legally work in the United States. The final rule implementing the requirement was published on November 15 in the Federal Register.

Final Rule Issued about E-Verify.

U.S. Citizenship and Immigration Services has issued a final rule on whether most federal contractors must prove that their employees are in the United States legally. The rule, which was released last week, mandates companies to use E-Verify. The system compares employee information to electronic government records.

New E-Verify Rules For Federal Contractors.

A final rule just published in the Federal Register amends the Federal Acquisition Regulation (FAR) to require certain federal contractors and sub-contractors to use the E-Verify system. All federal solicitations issued and contracts awarded after January 15, 2009 will include a clause related to the new rule.

To E or Not to E? Should an Employer use E-Verify?

Employers are scratching their heads wondering whether to use E-Verify. While it typically is a case-by-case decision that can be affected by a multitude of factors, here is a partial list of key employer considerations regarding the use of E-Verify.

E-Verify Update in Rhode Island, South Carolina and Oklahoma.

Various states have passed legislation or issued Executive Orders mandating E-Verify participation for public employers, state government contractors, or even all employers in the state. The court decision upholding Arizona’s law requiring all employers to use E-Verify strongly suggests these state efforts will be found valid. Here are updates on developments over the past month:

Will E-Verify Be Extended, Become Mandatory or Be Terminated?

E-Verify, the voluntary electronic employment verification system operated by U.S. Citizenship and Immigration Services (USCIS), has been at the center of efforts to improve the employment eligibility verification system and enhance worksite enforcement efforts. In 1996, Congress introduced the Basic Pilot Program, the predecessor to the current E-Verify, as part of the Illegal Immigration Reform and Immigrant Responsibility Act. Current authorization and funding for E-Verify is set to expire on November 1, 2008. On July 31, the House of Representatives passed a bill (H.R. 6633) that would extend E-Verify for five years. The bill has moved to the Senate for consideration where competing bills have also been introduced, including one that would make E-Verify permanent and another that would recapture immigrant visas (green cards) that were authorized but went unused between 1992 and 2007.

Missouri Requires Certain Employers To Use E-Verify; Colorado Issues An Update.

Missouri joined the growing list of states that have passed immigration measures impacting employers. Governor Matt Blunt signed House Bill 1549 which will require (as of January 1, 2009) the following entities to participate in a federal work authorization program (currently known as “E-Verify”): any public (government entity) employer and any business entity that applies for a contract or grant in excess of $5,000 with the state of Missouri or one of its political subdivisions or applies for a tax credit, tax abatement, or loan from the state of Missouri. Although private employers are not required to participate in E-Verify, the law encourages them to do so. For a complete summary of the law, see the July 8 Missouri eAuthority.

2008 Immigration Update Video.

Melissa Azallion, Esquire of Nexsen Pruet, recently lead a seminar to update professionals about changes in Federal and South Carolina immigration law. Watch this video to learn more about: the details of this new law, E-Verify - the pros and cons of enrollment and new requirements for federal contractors, a thorough analysis of the SC Illegal Immigration Reform Act and how it will impact your business, and the importance of I-9 compliance in preparing for a federal or state audit.

Proposed Rule for Use of E-Verify for Federal Contracts and Subcontracts.

The Federal Acquisition Regulation Counsel (FAR Counsel) issued a proposed rule to implement the President's admendments to Executive Order 12989. Comments to the proposed rule are due August 11, 2008.

E-Verify Mandatory for Federal Contractors.

An Executive Order signed by President George W. Bush on June 6 will require federal government contractors to use E-Verify, the electronic employment verification system operated by U.S. Citizenship and Immigration Services (USCIS).

States Continue the Battle to Require E-Verify.

While Congress remains unable to agree on immigration reform, the Executive Branch has acted (see article above) and individual states continue to move forward with immigration legislation of their own.

President Signs Executive Order Requiring All Federal Contractors to Use E-Verify.

President George W. Bush recently signed an Executive Order requiring all federal government contractors to use E-Verify to confirm the employment authorization of new hires and persons assigned to perform work on future federal contracts. E-Verify is the Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration to electronically verify employment eligibility of newly hired employees.

Arizona and Mississippi Employers are Required to Use E-Verify (pdf).

Last month, we provided you with information about the E-Verify program. The Department of Homeland Security (DHS) also offers another program: the ICE Mutual Agreement between Government and Employers (IMAGE) program. The stated goal is “to help restore the integrity of the immigration system of the United States by utilizing industry outreach and self-policing.” Let’s just say IMAGE takes E-Verify and “kicks it up a notch.”
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