Immigration Bill in Senate Would Require Employers to Use E-Verify Employment Eligibility Verification System

A comprehensive immigration bill introduced in the Senate – S. 744 – would require all U.S. employers to use E-Verify, a free web-based employment eligibility verification system that compares information from the Employment Eligibility Verification, Form I-9 all newly hired workers must complete to records in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases to verify their legal work status. The full text of S. 744 is available at http://www.gpo.gov/fdsys/pkg/BILLS-113s744is/pdf/BILLS-113s744is.pdf.

According to a summary of the bill given to Bloomberg BNA, S. 744 would phase in the requirement for the mandatory use of E-Verify by employers over a period of five years after enactment:

  • Employers with more than 5,000 employees will be phased in within 2 years.
  • Employers with more than 500 employees will be phased in within 3 years.
  • All employers, including agricultural employers, will be phased in within 4 years.

S. 744 also would enhance E-Verify through changes such as “photo matching” that requires non-citizens to show their “biometric work authorization card” or their “biometric green card” with a photograph to be stored in the E-Verify system. In order for non-citizens to be cleared for jobs, the picture on the card presented by non-citizen employees to employers will have to exactly match the identical picture the employer has on the E-Verify system, and employers must certify that the two photographs match.

In addition, S. 744 would provide additional security by allowing employees to “lock” their Social Security number (SSN) in the E-Verify system so they cannot be used by another individual, investigate whether SSNs are being improperly used multiple times, and allow employees to check their E-Verify history. The legislation would also establish due process requirements so that legal workers are not prevented from working due to errors in the system or because of employer negligence or misconduct.

S. 744 was introduced by the by the Senate’s so called “gang of eight” made up of Senators Charles Schumer (D-N.Y.), John McCain (R-Ariz.), Richard Durbin (D-Ill.), Lindsey Graham (R-S.C.), Robert Menendez (D-N.J.), Marco Rubio (R-Fla.), Michael Bennet (D-Colo.), and Jeff Flake (R-Ariz.). The bill would also make changes to employment-based visas and temporary foreign worker programs and allow most undocumented immigrants in the country to apply for legal status and citizenship.

The trend of new laws making use of E-Verify mandatory in several U.S. states and adding to the already confusing patchwork of regulations for employers was one of the ‘ESR Top Ten Background Check Trends for 2013.’ The list featuring emerging and influential trends in the background check industry was selected by Employment Screening Resources® (ESR) Founder and CEO Attorney Lester Rosen. The full list is available at http://www.esrcheck.com/Top-Ten-Background-Check-Trends-for-2013.php.

A Designated E-Verify Employer Agent such as Employment Screening Resources® (ESR) may help businesses comply with E-Verify regulations at http://www.esrcheck.com/formi9.php. Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS®). For more information, visit http://www.esrcheck.com/ or call Toll Free 888.999.4474.

Sources:

http://www.gpo.gov/fdsys/pkg/BILLS-113s744is/pdf/BILLS-113s744is.pdf

http://www.uscis.gov/files/form/i-9.pdf

http://op.bna.com/dlrcases.nsf/id/lfrs-96tras/$File/Immigration%20Bill%20Summary.pdf

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– 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 about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.

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