Ogletree Deakins • November 01, 2011

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

Littler Mendelson, P.C. • September 27, 2011

As reported by the Wall Street Journal, the Legal Workforce Act (H.R. 2885) (pdf), which would require that employers use E-Verify to authenticate individuals’ legal work status, has produced one of the more unusual opposition coalitions, given the current political climate: conservative, tea-party, libertarian and liberal groups all oppose the measure. The groups have voiced their opposition in letters to lawmakers, and one group took an ad out on Politico, a multimedia news outlet covering politics.

Littler Mendelson, P.C. • September 27, 2011

HireRight, an international employment screening provider, recently released its 2011 Employment Screening Benchmarking Report (available here). The report, in part, examines employer use of E-Verify, the federal electronic employee verification system. Of the 1,800 human resources, talent management, recruiting, security, safety and compliance professionals surveyed, 51% indicated that they use E-Verify, as compared to 28% in the 2010 report.

Littler Mendelson, P.C. • September 16, 2011

Representative Lamar Smith (R–TX) has called on President Obama to include in the American Jobs Act a provision mandating that employers use E-Verify, the electronic employment authorization program.

Shaw Valenza LLP • July 05, 2011

California employers likely know their obligation to verify the employability of their newly hired workers through the federal I-9 process, to prevent the employment of undocumented workers. Under this process, employees present documentation establishing eligibility to work, and proof of identity. Federal regulations specify which documents are sufficient to establish each of these requirements. The employer reviews these documents to make sure they appear reasonably genuine. The employer and employee complete a Form I-9 documenting this process. The employer is responsible for ensuring that the I-9 verification paperwork is completed timely and correctly, and for maintaining these records and making them available for inspection upon request.

Fisher & Phillips, LLP • June 28, 2011

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.

Jackson Lewis LLP • May 31, 2011

The U.S. Supreme Court has rejected arguments that the controversial Legal Arizona Workers Act (“LAWA�) was preempted by federal law and would lead to discrimination by employers. Chamber of Commerce of the United States v. Whiting, No. 09-115 (May 26, 2011). The Legal Arizona Workers Act imposes sanctions on employers that knowingly or intentionally hire unauthorized workers, as well as requires employers to participate in the federal E-Verify program.

Constangy, Brooks & Smith, LLP • May 31, 2011

Happy Memorial Day weekend, everybody! Top stories this week:

Fisher & Phillips, LLP • January 06, 2011

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.

Cooley Godward Kronish LLP. • December 14, 2010

The Supreme Court heard oral argument on December 8, 2010 in Chamber of Commerce v. Whiting, Docket No. 09-115, to determine if the Legal Arizona Workers Act ("LAWA") is preempted by federal law. Passed in 2007, LAWA is a controversial law that requires mandatory use of E-Verify by all employers in Arizona and threatens to invoke the business "death sentence" by revoking their business license if they knowingly hire or employ unauthorized workers. The outcome of this case has significant ramifications for employers in all states because it will set the precedent for whether states have the right to create rules on the use of E-Verify or impose their own immigration legislation on employers.

Jackson Lewis LLP • October 08, 2010

U.S. Citizenship and Immigration Services (USCIS) has released new E-Verify User Manuals for Employers, Employer E-Verify Agents, and Federal Contractors. The new manuals reflect changes to the E-Verify website and offer additional guidance and clarification.

Fisher & Phillips, LLP • August 30, 2010

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.

Nexsen Pruet • August 13, 2010

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.

Cooley Godward Kronish LLP. • July 20, 2010

The growing patchwork of state E-Verify legislation continues to spread across the country. Several new state laws are poised to take effect this month. E-Verify is an Internet-based system run by the Department of Homeland Security ("DHS") and U.S. Citizenship and Immigration Services ("USCIS") that allows employers to verify the employment authorization of their employees. The system confirms the authorization of workers by checking the information provided by employees on their Form I-9s against the records contained in DHS and Social Security Administration databases.

Ogletree Deakins • January 14, 2010

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.

Fisher & Phillips, LLP • January 12, 2010

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.

Ogletree Deakins • November 23, 2009

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.

Jones Walker • October 06, 2009

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.

Ogletree Deakins • September 29, 2009

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.

Ford & Harrison LLP • September 11, 2009

The U.S. Court of Appeals for the Fourth Circuit has denied a motion to stay implementation of the federal contractor E-Verify rule pending resolution of challenges filed by the U.S. Chamber of Commerce and several business groups. See Chamber of Commerce of the United States of Am. v. Napolitano, Case No. 09-2006 (9/9/09). Accordingly, the E-Verify rule – which took effect on September 8, 2009 – remains in effect for qualifying federal contracts and subcontracts entered into on or after that date.

Fisher & Phillips, LLP • September 09, 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.

Vedder Price • September 08, 2009

E-Verify Requirement Back on Schedule for Federal Contractors/Subcontractors, Effective September 8, 2009.

Ogletree Deakins • September 08, 2009

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.

Ford & Harrison LLP • August 27, 2009

This is a reminder that the federal contractor E-Verify rule that amends the Federal Acquisition Regulations (FAR) to require certain federal contractors and subcontractors to enroll in and use the E-Verify system is scheduled to take effect on September 8, 2009.

Ogletree Deakins • August 13, 2009

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.

Ballard Rosenberg Golper & Savitt • August 03, 2009

To be sure, the government has stepped up immigration enforcement in the past several months. According to government reports, Federal prosecution of immigration related crimes increased considerably during the first few months of the Obama Administration. These reports show over 9,000 new immigration prosecutions in April 2009, which represents a 33% increase from one year ago.

Ogletree Deakins • July 27, 2009

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).

Constangy, Brooks & Smith, LLP • July 13, 2009

Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility verification by announcing the Administration's support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department's intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.

Ford & Harrison LLP • July 10, 2009

On July 8, 2009, Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the Department intends to implement a Bush-era rule mandating the use of E-Verify by federal contractors and subcontractors. Additionally, Secretary Napolitano announced that DHS is rescinding its controversial "No-Match" regulation.

Ogletree Deakins • June 25, 2009

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.

Ogletree Deakins • June 25, 2009

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.

Ballard Rosenberg Golper & Savitt • June 18, 2009

Implementation of the new mandatory E-Verify rule for federal contractors was set to go into effect on June 30, 2009. However, the implementation date has once again been delayed. The new date is now September 8, 2009. This is the fourth time that the effective date of this rule has been postponed. The delay was sought by the Obama administration to enable them to have more time to review the rule before it takes effect.

Ford & Harrison LLP • June 10, 2009

The applicability date of the rule requiring federal government contractors and subcontractors to begin using the USCIS E-Verify system has been delayed for the fourth time, until September 8, 2009. The federal agencies responsible for implementing the rule published an amendment in the June 5, 2009 Federal Register postponing the applicability date of the final rule. The rule requiring federal contractors and subcontractors to electronically verify the employment eligibility of their employees was first published on November 14, 2008, and was set to become effective on January 19, 2009, but has since been postponed four times.

Fisher & Phillips, LLP • June 02, 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.

Constangy, Brooks & Smith, LLP • June 02, 2009

Constangy partner Penni Bradshaw is a member of the U.S. Chamber of Commerce's Immigration Sub Committee. We are forwarding to you communication from the Chamber's Executive Director of Immigration Policy so that you may be informed of the latest from Capitol Hill. As always, Constangy will keep you informed immediately as news hits. If you have questions or concerns, feel free to contact any Constangy attorney.

Ogletree Deakins • May 29, 2009

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:

Ogletree Deakins • May 04, 2009

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.

Vedder Price • May 01, 2009

Update on Federal Contractor Regulations Requiring E-Verify.

Ford & Harrison LLP • April 21, 2009

The applicability date of the rule requiring federal government contractors and subcontractors to begin using the USCIS E-Verify system has been delayed for the third time, until June 30, 2009.

Constangy, Brooks & Smith, LLP • April 20, 2009

The federal E-Verify rule has been postponed again, until June 30, 2009. On June 6, 2008, President Bush issued an executive order directing federal agencies to require federal contractors to agree to electronically verify their employees' eligibility to work legally in the United States, and a final rule implementing the order was issued on November 14, 2008, with an effective date of January 15, 2009. The U.S. Chamber of Commerce and other business groups sued to block the rule, and on January 9, 2009, the government announced that it would postpone implementation. The Obama Administration postponed the rule again until May 21, 2009, and now it has announced that it is extending the postponement yet again until June 30, 2009.

Fisher & Phillips, LLP • April 17, 2009

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.

Ogletree Deakins • March 31, 2009

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.

Vedder Price • February 02, 2009

New rules were scheduled to go into effect on January 15, 2009 that would require most federal government contractors to use E-Verify, an electronic employment eligibility verifi cation system operated by the U.S. Department of Homeland Security.

Fisher & Phillips, LLP • January 30, 2009

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.

Fredrikson & Byron, P.A. • January 27, 2009

The final rule requiring federal contractors to begin using E-Verify by January 15, 2009, has been suspended until February 20, 2009.

Constangy, Brooks & Smith, LLP • January 15, 2009

In response to a legal challenge by business groups, the federal government has announced that it will postpone the effective date of its new rule requiring federal contractors and subcontractors to use E-Verify.

Ford & Harrison LLP • January 14, 2009

The government has agreed to delay temporarily the implementation of the requirement that federal contractors and subcontractors with qualifying federal contracts use the U.S. Citizenship and Immigration Services (USCIS) E-Verify system to check the immigration status of their employees. The requirement was scheduled to take effect January 15, but the government has delayed its implementation until February 20, 2009.

Ogletree Deakins • January 14, 2009

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.

Fisher & Phillips, LLP • January 13, 2009

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.

Vedder Price • January 12, 2009

On January 15, 2009, new rules will require most federal government contractors to use E-Verify, an electronic employment eligibility verifi cation system operated by the U.S. Department of Homeland Security. E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verifi cation Program) allows employers to electronically confi rm the biographical data of employees pursuant to a Memorandum of Understanding (“MOU”) entered into between the employer, the U.S. Department of Homeland Security (“DHS”) and the Social Security Administration (“SSA”).

Ballard Rosenberg Golper & Savitt • January 07, 2009

Under a new rule passed by the Bush administration, larger federal contractors and sub-contractors will now be required to use the federal government's E-Verify system to determine whether the employees working on the contracts are authorized to work in the United States. The rule will also require the contractor to use the E-Verify system on all new hires, including employees who are not directly working on the covered contract.

Ogletree Deakins • December 04, 2008

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.

Nexsen Pruet • November 24, 2008

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.

Constangy, Brooks & Smith, LLP • November 21, 2008

In June of this year, President Bush amended Executive Order 12989, directing federal contractors to use the E-Verify system to ensure that all new hires and employees working on government projects are eligible to work in the United States. Today, the federal government issued the Final Rules implementing the E-Verify requirement.

Fisher & Phillips, LLP • November 18, 2008

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.

Ogletree Deakins • September 25, 2008

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.

Ogletree Deakins • September 25, 2008

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:

Ogletree Deakins • August 26, 2008

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.

Ogletree Deakins • July 23, 2008

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.

Nexsen Pruet • July 17, 2008

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.

Fisher & Phillips, LLP • July 10, 2008

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.

Ogletree Deakins • June 25, 2008

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).

Ogletree Deakins • June 25, 2008

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.

Fredrikson & Byron, P.A. • June 20, 2008

E-Verify is a web-based program that allows employers to electronically verify the information provided on the Form I-9 including social security numbers with databases of the Social Security Administration (SSA) and the Department of Homeland Security (DHS). The Department of Homeland Security in conjunction with the Social Security Administration in 1996 established what is now the E-Verify program to supplement the current I-9 employment eligibility verification process.

Ogletree Deakins • June 18, 2008

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.

Ford & Harrison LLP • June 16, 2008

President Bush recently signed an Executive Order amending Executive Order 12989, requiring all federal contractors to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of their employees. Department of Homeland Security (DHS) Secretary Michael Chertoff has designated the federal E-Verify program as the system to be used in accordance with the Executive Order.

Jones Walker • June 11, 2008

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.”