...

Form I-9 E-Verify

Senate Bill 3245 Extends the Use of E-Verify for 3 More Years
Senate Bill 3245 Extends the Use of E-Verify for 3 More Years

On September 18, 2012, both the House and Senate passed Senate Bill 3245 which extends the use of E-Verify until September 30, 2015.  President Obama subsequently signed the Bill on September 28, 2012.  E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment authorization of their newly hired employees.

Social Security Numbers Go Random
Social Security Numbers Go Random

Since its inception in 1936, the Social Security Administration has been assigning nine-digit Social Security Numbers to track the wages earned by workers in the United States and to track earnings over the course of their lifetime to calculate retirement benefits.  The algorithm used in the past included a three-digit area number; followed by a two-digit group number; and ended in a four-digit serial number.  Since 1972, Social Security Number cards have been issued centrally; however, the first three-digits were determined by the zip code which reflected the state of issue as provided by the address of the applicant. This sequence along with the group number can be analyzed to determine the SSN holder’s year of birth or year of issue, and also the state of issue for each SSN. 

South Carolina Law Requires Employers To Use E-Verify
South Carolina Law Requires Employers To Use E-Verify

Governor Nikki Haley signed several amendments to the South Carolina Illegal Immigration Reform Act into law on June 27, 2011, and all South Carolina employers must use E-Verify for work authorization of all new hires effective January 1, 2012.  Please note that it’s EBI’s understanding that the option of utilizing E-Verify for all new hires OR employing workers who possess a valid driver’s license or identification card issued by South Carolina or other state approved ID by the South Carolina Department of Motor Vehicles has been removed from the original 2004 version of the law. 

North Carolina Bill 36 Will Require Many Employers To Use E-Verify
North Carolina Bill 36 Will Require Many Employers To Use E-Verify

North Carolina Governor Beverly Perdue signed House Bill 36 into law on June 23, 2011, and the new provisions specify that all counties and municipalities must register and utilize E-Verify to verify the work authorization of all new hires beginning October 1, 2011. Private employers are also affected by the law, however the compliance dates are active in phases and determined by the total number of employees as follows:

The Alabama Taxpayer and Citizen Protection Act – HB56 Requires Employers To Use E-Verify
The Alabama Taxpayer and Citizen Protection Act – HB56 Requires Employers To Use E-Verify

The Alabama Taxpayer and Citizen Protection Act was signed into law on June 9, 2011. The new provisions require that all public and private employers must enroll in and utilize E-Verify or collect one of the following specified identification forms for all new employees effective January 1, 2012:A valid, unexpired Alabama driver's license A valid, unexpired Alabama non-driver identification card A valid tribal enrollment card or other form of tribal identification Any valid United States federal, state, or local government issued identification document if issued by an entity that requires proof of lawful presence in the United States before issuance A foreign passport with a United States Visa A foreign passport issued by a visa waiver country with the corresponding entry stamp and duration of stay annotation or an I-94W formPlease note that employers who elect to utilize any of these valid and lawful government issued documents to verify the work authorization of an employee are required to keep a copy of the front and back of the applicable document(s) on file throughout the individual’s employment and for one year after the employee is no longer employed.The law also states that “as a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall provide documentation establishing that the business entity is a registered participant in the E-Verify program,” and “No subcontractor on a project paid for by contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such by sworn affidavit signed before a notary.”Business entities, employers, and public employers that utilize E-Verify or any valid and lawful government issued document that establishes that the person is not an unauthorized alien to verify the work authorization of the individual, are immune from wrongful discharge or retaliation liability under Alabama law. In contrast, the consequences of knowingly employing illegal immigrants or utilizing the services of entities that knowingly employ illegal residents include:A court order requiring the employer to terminate all unauthorized aliens Suspension of business license A three-year probationary period including required quarterly reports Termination of state contract Fines

Tennessee Law HB 1378 Requires Many Employers To Use E-Verify
Tennessee Law HB 1378 Requires Many Employers To Use E-Verify

Governor Bill Haslam has signed the Tennessee Lawful Employment Act  (House Bill 1378) into law, and many private employers and all governmental entities are required by law to demonstrate that they are hiring and maintaining a legal workforce either by verifying the employment eligibility of all newly hired employees through the E-Verify program or by requesting all newly hired employees to provide one of the following identity and employment authorization documents: 

U.S. Supreme Court Upholds Arizona State Law Requiring E-Verify
U.S. Supreme Court Upholds Arizona State Law Requiring E-Verify

On May 26, 2011 the United States Supreme Court ruled that Arizona was well within its legal rights to require Arizona-based employers to check the legal working status of their employees through the E-Verify database.  Arizona’s Fair and Legal Employment Act (HB 2779) requires all businesses to utilize E-Verify to determine the employment eligibility of new hires.  This Act came under fire by the United States Chamber of Commerce which sued the state over the law, and argued that immigration enforcement was under the jurisdiction of the federal government through the Immigration Reform and Control Act of 1986 (IRCA), which was passed in order to control and deter illegal immigration to the United States.  As part of this sweeping immigration law, Congress removed almost all states’ rights to enforce immigration and made it a federal responsibility.  The IRCA included one loophole which gave each state the power to control business licenses issued within a state; Arizona used the employment eligibility requirement as a tool to enforce their licensing requirements.

Indiana Law SEA 590 Requires Employers To Use E-Verify
Indiana Law SEA 590 Requires Employers To Use E-Verify

Indiana Governor Mitch Daniels signed immigration legislation (SEA 590) into law on May 10, 2011, and the bill significantly affects both public and private employers. Effective, July 1, 2011, government agencies and vendors providing services to government agencies will be required by law to utilize E-Verify for the purposes of determining the employment eligibility status of all new employees. Please find below a summary of how the new bill will affect public agencies:

Department Of Homeland Security Announces Initial Release Of E-Verify Self-Check
Department Of Homeland Security Announces Initial Release Of E-Verify Self-Check

The Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) have launched a new E-Verify Self Check program. This voluntary service is designed to allow individuals located in the U.S. an opportunity to check their employment eligibility status before they formally seek employment, thus reducing the number of data mismatches employers will experience when using E-Verify.It is extremely important for employers to understand that E-Verify Self-Check is not for employer use, and the results of a Self Check query does not replace the results of an E-Verify query. The USCIS website states that an employer may not ask an employee to run a Self-Check query in order to prove they are authorized to work in the U.S., and E-Verify Employers must continue to run E-Verify queries.As of March 21, 2011, E-Verify Self-Check is available to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia.  According to their website, USCIS’ goal is to have the service available nationwide within 12 months. USCIS has published an official Fact Sheet, and complete information can be found by visiting the E-Verify Self Check web page.Contact EBI today to learn more about EBI’s employment eligibility solutions. EBI offers electronic Form I-9 and E-Verify solutions to employers.  EBI is a proud supporter and an approved designated Agent for the Department of Homeland Security.

Blog Topics

Stay up-to-date on Employment Laws & Regulations with EBI's Screening News Network!