Federal E-Verify Electronic Employment Eligibility Verification Program Extended by Congress Until 2015

On September 13, 2012, Congress passed S. 3245, a bill that includes an extension by three years of the authorization for the federal E-Verify Electronic Employment Eligibility Verification Program until September 30, 2015. E-Verify, which was due to expire on September 30, 2012, allows U.S. employers to verify the work authorization of newly hired employees. This bill goes to President Obama next for him to sign. The full text of S. 3245 is available at: http://www.govtrack.us/congress/bills/112/s3245/text.

‘SEC. 2. REAUTHORIZATION OF E-VERIFY’ of S. 3245 includes the following language:

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ‘September 30, 2012’ and inserting ‘September 30, 2015’.

S. 3245 also extends by three years the authorization of the EB-5 Regional Center Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program. The full text of S. 3245 is available at: http://www.govtrack.us/congress/bills/112/s3245/text.

E-Verify is a free internet-based system from the federal government that compares information from the ‘Form I-9, Employment Eligibility Verification’ that employers must complete for all newly-hired employees to verify their identity and authorization to work in the U.S. with records in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases. Started as a pilot program in 1996, the program went national in 2003 and was expanded and renamed E-Verify in 2007.

The Immigration Reform and Control Act (IRCA) of 1986 made it unlawful for an employer “to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.” Federal law requires every employer hiring an individual for employment in the U.S. to verify his or her identity and employment authorization through completion of a Form I-9. In an attempt to improve the employment eligibility verification process, the U.S. Congress created E-Verify.

While E-Verify is voluntary for many employers, federal law mandates that federal contractors and subcontractors in all states use E-Verify and several U.S. states have also enacted laws mandating E-Verify use, creating a confusing patchwork of regulations for employers to follow. A Designated E-Verify Employer Agent such as Employment Screening Resources (ESR) can help employers with Form I-9 and E-Verify compliance. To learn more, visit http://www.esrcheck.com/formi9.php.

For information about pre-employment background checks for a Safe Hiring Program, visit Employment Screening Resources (ESR) – ‘The Background Check Authority’ and a nationwide background screening firm accredited by The National Association of Professional Background Screeners (NAPBS®) – at http://www.esrcheck.com, call Toll Free 888.999.4474, or email customerservice@esrcheck.com.



About Employment Screening Resources (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources (ESR) – ‘The Background Check AuthoritySM’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more, visit http://www.esrcheck.com, call 888.999.4474, or email customerservice@esrcheck.com.

About ESR News:

The Employment Screening Resources (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at tahearn@esrcheck.com.