House Judiciary Hearing Highlights Debate Over Mandatory E-Verify Use

On February 10, the House Judiciary Committee’s Subcommittee on Immigration Policy and Enforcement held a hearing, “E-Verify – Preserving Jobs for American Workers,” in which it considered whether to make E-Verify mandatory for all employers. House Judiciary Committee Chairman Lamar Smith (R–TX ) favors the idea, as does the Subcommittee’s Chairman, Representative Elton Gallegly (R–CA). In introducing his reasons for supporting the expansion of E-Verify electronic employment verification program, Representative Smith stated: “With unemployment over 9% now for 21 months, jobs are scarce and families are worried. According to the Pew Hispanic Center, seven million people are working in the U.S. illegally. These jobs should go to legal workers.”  Continue reading this entry at Littler's Global Immigration Counsel.

USCIS Issues Guidance on Determining Hire Date for E-Verify Purposes

Employers using E-Verify to authenticate employees’ work authorization status are subject to the Three-Day Rule, which requires an employer to create an E-Verify case no later than three business days after an employee first works for pay (commonly referred to as the Hire Date). Confusion sometimes arises, however, because the Hire Date differs depending on whether the E-Verify case is created before or after the first day an employee works for pay. To clarify the matter, United States Citizenship and Immigration Services (USCIS) created a webpage explaining how to determine the Hire Date, and how to calculate the compliance deadline.  Continue reading this entry at Littler's Global Immigration Counsel blog. 

USCIS Issues Supplemental Guide on E-Verify for Federal Contractors

USCIS has released a “Supplemental Guide for Federal Contractors” (PDF) regarding the E-Verify program.  The guide contains information concerning:

  • 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; and
  • instructions for contractors already enrolled in E-Verify.
     

U.S. District Court Rules E-Verify Federal Contractor Rule Is Valid

Maryland State FlagThe U.S. District Court for the District of Maryland has upheld the E-Verify Federal Contractor Rule, scheduled to become effective September 8, 2009, that will require federal contractors to enroll in E-Verify within 30 calendar days after being awarded a covered contract and to start using the system within 90 days from the date of enrollment. Continue reading on Littler's Global Immigration Counsel blog.

 

Stimulus Bill Would Require E-Verify Participation

Embedded in the nearly 650-page $819 billion stimulus bill (H.R. 1) that cleared the U.S. House of Representatives yesterday is a provision requiring contractors hired using stimulus funds to use the E-Verify employment verification system. Section 1114 of this bill, as introduced in the House, reads:

None of the funds made available in this Act may be used to enter into a contract with an entity that does not participate in the E-verify program described in section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).

The mandatory implementation date of the beleaguered E-verify program was recently postponed yet again until May 21, 2009. Under a final rule arising from an executive order issued by former President George Bush, certain federal contractors were initially required to use the electronic employment verification system by January 15. The program was subsequently delayed until February 20 after the U.S. Chamber of Commerce and other business groups filed suit challenging the rule in December. The U.S. Citizenship and Immigration Services is expected to publish a formal announcement of the postponement in tomorrow’s Federal Register. For the time being, this means that solicitations the government makes prior to May 21, 2009 will not contain the E-Verify related contract clauses that the federal contractor regulation mandates, and that are the triggering mechanism for compliance.