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Posts Tagged ‘E-Verify’
Friday, April 30th, 2010
The United States Citizenship and Immigration Service (“USCIS”) has issued a revised list of questions and answers on the Federal Acquisition Regulation (FAR) final rule on E-Verify. The FAQ addresses what Federal contracts are impacted by FAR, what employees are impacted by FAR, information regarding the initiation of E-Verify inquiries, how the rule impacts subcontractors and more.
E-Verify is a free, Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA). It allows employers to verify the employment authorization of newly hired employees. Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in USCIS and SSA databases.
On June 11, 2008, President George W. Bush amended Executive Order 12989 to direct all Federal departments and agencies to require Federal contractors with a Federal contract that contains the FAR E-Verify clause, to use E-Verify to verify the employment eligibility of employees performing work under a qualifying Federal contract. On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published the FAR final rule.
For more information on E-Verify and FAR please visit our website www.worksite-compliance.com or contact a Klasko Law attorney.
Tags: E-Verify, Federal Contractors, Worksite Compliance
Posted in Agency Updates, Hot Questions, Worksite Enforcement | Click Here To Comment »
Thursday, April 29th, 2010
On April 23, Governor Jan Brewer signed the harshest state immigration law to date. The Support Law Enforcement and Safe Neighborhoods Act is slated to go into effect on or about August 24 (90 days after the legislature goes into recess, currently scheduled to occur on May 26, 2010).
The new law requires police to determine whether a person is in the United States legally. It also requires immigrants to carry their alien registration documents at all times and requires police to question people if there is reason to suspect they’re in the United States illegally.
Critics of the law have stated that it is unconstitutional and will foster racial profiling. The most controversial provisions of the law include the requirement that police detain individuals they reasonably suspect are in the United States without authorization. The law makes failing to carry immigration documents a state crime and allows residents to sue cities if the believe the law is not being enforced. Moreover, the law aims to stop day labor solicitations by making it illegal to seek work from a road or sidewalk if doing so slows or impedes traffic. It also makes it a crime for a driver to pick someone up if the driver knows or recklessly disregards the fact that the alien is in the U.S. illegally.
The bill further amends the E-Verify provisions of the Legal Arizona Workers Act to require that employers keep a record of the work eligibility verification for all new hires for the duration of the employee’s employment or at least three years, whichever is longer. Interestingly, there is no such retention requirement under federal law for employers who participate in the E-Verify program. Although, federal immigration law requires that all employers maintain their Form I-9, employment eligibility verification forms for three years after the date of hire, or one year after the date employment ends, whichever is later. Thus, employers in Arizona will now be subject to two different retention requirements related to their employment eligibility documentation.
MALDEF, the American Civil Liberties Union, the ACLU of Arizona and the National Immigration Law Center announced today that they are preparing to challenge Arizona’s extreme new law. Protests against the legislation are scheduled to take place around the country on May 1st with over 100,000 people anticipated in Dallas, Texas alone. KRSS will continue to provide updates to our clients regarding the status of the legislation and the impact that this will have on the national debate relating to Comprehensive Immigration Reform.
Tags: Arizona, Comprehensive Immigration Reform, E-Verify
Posted in Hot Questions, News & Politics | Click Here To Comment »
Thursday, April 1st, 2010
The Utah and Virginia legislatures recently passed laws requiring the verification of new hires’ employment authorization by employers in those states. The Utah legislature passed the Private Employer Verification Act, although the Act currently awaits signature by the Governor before officially becoming law. This law requires private employers with 15 or more employees to verify the employment authorization of all new hires on and after July 1, 2010 through a “status verification system.” The law defines “status verification system” broadly to include E-Verify, the Social Security Number Verification System, or another similar program run by the federal government. Notably, the law exempts H-2A and H-2B workers from the verification requirement. Public employers also are exempt.
The Utah law also includes a “safe harbor” rule. If an employer unlawfully hires an alien without work authorization, the employer cannot be held civilly liable if the employer was registered with and used the status verification system, and the information received from the system indicated the employee had authorization to work in the U.S. Likewise, an employer cannot be held civilly liable if the employer refuses to hire the alien because the information from the status verification system indicated the alien was not authorized for employment by the federal government. As of March 19, 2010, the law was awaiting the governor’s signature.
Virginia also passed a law requiring the use of E-Verify. Unlike the Utah law, however, Virginia’s law only requires public employers to use E-Verify for new hires on or after December 1, 2012. Private employers in Virginia have no obligation to use E-Verify.
E-Verify is an internet-based Employment Eligibility Verification System run by United States Citizenship and Immigration Services (USCIS) that allows employers to electronically verify the employment eligibility of certain employees. To use E-Verify, an employer enters employee information from the Form I-9 into the web-based system. E-Verify then runs that information against records in the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases to confirm whether the employee is authorized to work in the United States. For more information, contact your Klasko Law attorney.
Tags: E-Verify, Worksite Enforcement
Posted in News & Politics, Worksite Enforcement | Click Here To Comment »
Wednesday, March 31st, 2010
Last week, USCIS issued a “Frequently Asked Questions” document to help federal contractors with the E-Verify process. The FAQ answered questions that arose from the E-Verify webinar sponsored by Department of Homeland Security in September 2009. The FAQ clarified setting up E-Verify accounts, employer’s responsibilities under the system, employee’s rights under the system, and the record keeping requirements for E-Verify, amongst a host of other specific questions.
On March 25, 2010, however, USCIS retracted the FAQ for federal contractors that were distributed on March 17, 2010 to webinar participants. According to USCIS, the FAQs were sent in error and that updated FAQs will be posted to the E-Verify website after DHS clarifies several points.
Under federal law that became effective June 30, 2009, federal contractors are required to participate in E-Verify. Failure to comply with the Federal Contractor Rule can result in loss of federal contracts and debarment from future federal contracts. To learn more about E-Verify, please visit our worksite enforcement website at: http://www.worksite-compliance.com/e-verify.php, or contact your Klasko Law attorney.
Tags: E-Verify, Worksite Enforcement
Posted in Worksite Enforcement | Click Here To Comment »
Friday, March 26th, 2010
In a move sure to capture the attention of employers using the E-Verify system, the United States Citizenship and Immigration Services (USCIS) has entered into a Memorandum of Agreement (“MOA”) to share information with the Civil Rights Division, Office of Special Counsel for immigration Related Unfair Employment Practices (“OSC”), which is a part of the of U.S. Department of Justice. Under the MOA, which went into effect on March 17, 2010, USCIS will share with OSC data obtained from queries run through E-Verify, which will allow OSC to identify potential violations of the anti-discrimination provisions of the Immigration and Nationality Act (“INA”). USCIS will also provide employer information to OSC, as necessary, when employers have engaged in potential misuse or abuse of E-Verify.
OSC is responsible for enforcing the anti-discrimination provisions of the INA. The types of discrimination and violations covered in these provisions include: (1) citizenship status discrimination, (2) national origin discrimination, (3) unfair documentary practices during the employment eligibility verification process (document abuse) and (4) retaliation. Under the MOA, USCIS will refer to OSC allegations involving potential discrimination resulting from employer misuse or abuse of E-Verify. OSC will analyze the information to identify potential patterns or practices of discrimination through the misuse of E-Verify, or by investigating individual claims of discrimination.
The announcement of the information sharing agreement coincides with the announcement by USCIS of two additional initiatives intended to “enhance” E-Verify. The first is the creation of an Employee Hotline, available starting on April 5, 2010, intended to address employee inquiries and complaints. The hotline will provide general information to employees about E-Verify and completing Form I-9, and will also provide an option for employees to contest an E-Verify case or file a complaint regarding possible discrimination or employer misuse of E-Verify. The second initiative was the creation of two videos, available now on dhs.gov and Youtube. The first is directed towards employers, to help them understand their responsibilities under E-Verify, while the other directed towards employees to inform them of their rights when working for employers enrolled in E-Verify.
The USCIS has indicated that the purpose behind these two initiatives, and the information sharing agreement with OSC, is to strengthen the efficiency and accuracy of the E-Verify system. The message to employers, however, is that participation in E-Verify now comes with the potential for additional scrutiny. In order to avoid a potential claim of system misuse, or discrimination, employers should take steps to ensure that employees responsible for submitting E-Verify queries on the company’s behalf understand the implications of using the system, and its requirements. Further, employers must ensure that employees responsible for verifying the eligibility of other employees understand the anti-discrimination provisions of the INA, both by providing training and by making available to those employees internal and/or external resources capable of providing assistance and advice when questions arise.
Tags: E-Verify, Worksite Compliance, Worksite Enforcement
Posted in Agency Updates, Worksite Enforcement | Click Here To Comment »
Friday, November 20th, 2009
On November 19, 2009, Immigration and Customs Enforcement (ICE), the agency responsible for investigating immigration violations and enforcing immigration laws at the worksite, announced that it was issuing 1,000 new Notices of Inspections (NOIs) to employers across the country. In particular, ICE announced that it would target employers located at critical infrastructure sites which include airports, military bases, defense facilities and seaports. This announcement comes on the heels of a summer which saw the issuance of NOIs to 652 employers across the country. Secretary of ICE, John Morton stated, “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces. We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
Morton went on to explain that the businesses that were to receive the NOIs were selected for inspection as a result of investigative leads and intelligence, as well as their connection to public safety and national security. DHS did not release the names and locations of the businesses to be audited due to the ongoing, law enforcement nature of the investigations.
As Klasko Law reported earlier this year, ICE’s main priority in worksite enforcement actions is to target employers who knowingly hire unauthorized aliens in violation of federal law. An internal ICE memo released to the public through a freedom of information act earlier this year indicated that the agency views worksite enforcement investigations against employers as the best means of targeting and curbing the root causes of illegal immigration. As such, ICE has made the criminal prosecution of employers who knowingly hire undocumented workers their top priority. This includes the imposition of criminal charges against owners, corporate managers, supervisors and others in the management structure.
However, as ICE investigations to date have shown, employers who make inadvertent errors on their I-9 forms or in the verification process are held liable by the agency for civil penalties in the event of an audit. The current focus on investigations and prosecutions is a significant departure from the days of legacy INS when employers could expect a slap on the wrist in the form on minimal fines as just another cost of doing business. In this era of increased enforcement, employers must proactively preempt immigration related liabilities. Employers should conduct internal I-9 audits to identify issues and correct violations. Part and parcel of these reviews should be an evaluation of the employers’ current record keeping practices, to determine if new training programs are needed for HR personnel. Immigration counsel can be invaluable during these times in developing best practices including establishing protocols for the verification of the identity and work eligibility of new hires, advising employers on safeguards against discrimination in the I-9 process and advising on the use of E-Verify.
In addition, United States Citizenship and Immigration Services and ICE announced that they were launching a new I E-Verify campaign to recognize the 170,000 employers nationwide that have registered for E-Verify. E-Verify is an internet-based Employment Eligibility Verification System run by USCIS that allows employers to electronically verify the employment eligibility of certain employees. To use E-Verify, an employer enters employee information from the Form I-9 into the web-based system. E-Verify then runs that information against records in the Social Security Administration (SSA) and Department of Homeland Security (DHS) databases to confirm whether the employee is authorized to work in the United States.
For more information on worksite compliance, ICE enforcement actions, the E-Verify program and how these developments impact your business please visit our website www.worksite-compliance.com or consult with a Klasko Law attorney.
Tags: Agency Updates, E-Verify, Government Investigations, I-9 audits, ICE
Posted in Agency Updates, Hot Questions, News & Politics | 1 Comment »
Thursday, October 1st, 2009
Four immigration programs that were set to expire on September 30th have been extended for another month to allow Congress to complete work on the Department of Homeland Security spending bill.
The four programs include:
1. The EB-5 Regional Center Program, which allows immigrant investors seeking a greencard to invest $500,000 in a USCIS approved regional center;
2. E-Verify the internet-based Employment Eligibility Verification System run by USCIS that allows employers to electronically verify the employment eligibility of certain employees;
3. The Conrad 30 J-1 program which allows state health agencies to annually hire up to 30 foreign physicians to practice in rural and inner-city communities that often have difficulty recruiting physicians. The sponsored physicians are released from their two year home residency requirement if they work for a minimum of three years with the medically underserved population; and
4. The EB-4 Religious Worker Program which provides up to 5,000 permanent immigrants visas for religious workers which include ministers, professionals working in a religious vocation, and other workers in religious vocations.
Tags: Conrad 30, E-Verify, EB-4 religious workers, EB-5, J-1 Waiver
Posted in Agency Updates, EB-5 Investor Visas, Green Cards | Click Here To Comment »
Wednesday, August 26th, 2009
We have previously reported on a lawsuit by the US Chambers of Commerce and other groups that was decided today. The lawsuit challenged the amendments to the Federal Acquisition Regulations (FAR) that require most companies with federal government contracts to enroll in the E-Verify system. The FAR amendments were originally promulgated in November of 2008, and the Obama Administration has indicated it wants the amendments to take effect September 8, 2009.
The court was asked to rule on both sides’ motions for summary judgment – essentially, requests by both sides to end the lawsuit because the facts and law were clear. The Chambers argued, essentially, that because Congress had made the E-Verify program voluntary, but the new Federal Acquisition Regulations made the program mandatory for federal contractors, the FAR amendments violated Congress’ express directive and were invalid. The government’s argument, in essence, was that the FAR amendments did not make E-Verify mandatory – that a company could always choose not to seek federal contracts, in which case the company would not have to participate in E-Verify.
The court agreed with the government’s position, dismissing the Chambers’ lawsuit and clearing the way for the FAR amendments to go into effect on September 8, unless the Chambers appeal the court’s decision.
Congress may also get in the action, as the E-Verify program is still set to “sunset” as of September 30. A provision extending the program (and providing explicit statutory authority for the FAR provision) was included in the Senate’s bill funding the Department of Homeland Security, but has not yet been enacted.
Tags: E-Verify, Worksite Enforcement
Posted in Hot Questions, Worksite Enforcement | Click Here To Comment »
Thursday, July 16th, 2009
Secretary of the Department of Homeland Security (DHS) Janet Napolitano announced on July 8, 2009 the Agency’s plans regarding two controversial regulations dealing with worksite enforcement.
DHS announced that they would withdraw the Social Security No-match regulation which has been enjoined from taking effect and the subject of federal court litigation. Controversial since its passage, the Social Security No-Match rule established procedures that employers could follow if they received No-Match letters from the Social Security Administration or DHS. No-Match letters inform an employer that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records. However, DHS acknowledged in their court filings that the letters are not indicative of unauthorized employment as they are often the result of typographical errors or unreported name changes.
The regulation was promulgated as part of the previous Administration’s effort stop the employment of unauthorized aliens. Since October of 2007, the rule has been enjoined from taking effect. DHS was ordered by the Federal Court to submit a brief by July 10, 2009 explaining the Obama Administration’s view on the regulation. In the press release, Secretary Napolitano stated that DHS will imminently be proposing a new regulation rescinding the 2007 No-Match Rule.
DHS also announced that it will implement the amendment to the Federal Acquisition Regulation (FAR) which, with a few exceptions, requires federal contractors to verify the employment authorization of new employees as well as existing employees working on federal contracts. The FAR requirements apply to the verification of work eligibility on federal contracts that are for a period longer than 120 days and with a value of over $100,000. FAR also includes service or construction subcontracts of a covered contract, valued at over $3,000. Contracts for commercially available off the shelf items, as well as federal contracts for food and agricultural products shipped as bulk cargo would not be subject to this requirement. Secretary Napolitano indicated that she expects FAR to go into effect on September 8, 2009.
“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.”
Also on July 8, 2009 the U.S. Senate approved an amendment to the Homeland Security appropriations bill, introduced by Senator Jeff Sessions (R-AL) that would extend the E-Verify program until September 30, 2012. In addition, the Sessions amendment would mandate the requirement that federal contractors use E-Verify without the exceptions noted above.
Tags: Agency Updates, E-Verify, I-9 Compliance, No-Match Rule, Worksite Enforcement
Posted in Agency Updates | Click Here To Comment »
Friday, May 1st, 2009
Klasko, Rulon, Stock & Seltzer LLP is pleased to announce the launch of our new micro-site entirely dedicated to providing employers with “need-to-have” resources to stay in compliance with US Immigration laws. The new site provides extensive information to businesses on federal and state worksite compliance laws, I-9 enforcement, E-Verify, Social Security no-match letters and H-1B Labor Condition Application compliance issues.
Special features on the site include:
· An I-9 Desk Reference Handbook (covering Employee Verification, Employer Sanctions and Anti-discrimination laws)
· An E-Verify State-by-State Legislation Survey.
The new site is www.worksite-compliance.com. We hope that you find our new site helpful and informative.
Tags: E-Verify, I-9 Compliance, ICE, Worksite Compliance, Worksite Enforcement
Posted in News & Politics, Worksite Enforcement | Click Here To Comment »
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