Global Mobility & Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Mobility & Immigration Counsel

By Suzanne Potter-Padilla

On February 27, 2013, the House Judiciary Committee’s Subcommittee on Immigration and Border Security heard testimony regarding improvements made to E-Verify. While committee members acknowledged that E-Verify still suffers from some shortcomings, the message coming out of the hearing was clear that businesses in the U.S. had adapted to using E-Verify and are happy with its results. A representative from U.S. Citizenship and Immigration Services (USCIS) testified that E-Verify use has expanded to 432,000 employers, compared to only 24,000 in 2007. She also testified that surveys taken of its employer users indicate that the majority are confident in E-Verify’s accuracy and would recommend it to other employers.

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By Suzanne Potter-Padilla

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published an announcement in the Federal Register advising employers that Employment Eligibility Verification Form I-9 has been revised. The key changes to the newly-revised form include new data fields requiring an employee’s foreign passport information (if applicable), and the employee’s telephone number and email address. The format has also been expanded from one to two pages, such that Section 1 (Employee Information and Attestation) takes up the entire first page of the form, and Sections 2 and 3 (Employer Authorization and Reverification) are found on the second page.

The new form, which is available on USCIS’s website, denotes a revision date of March 8, 2013 in the lower left hand corner of the form. Although the form is available for immediate use, USCIS will not require employers to use the form until May 7, 2013. After May 7, 2013, all prior versions of Form I-9 cannot be used. Employers should take steps now to ensure that they are using the newly-revised form after May 7, 2013 to avoid civil penalties.

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By Avani Patel

On February 20, 2013, the Department of Justice announced the release of an informational video developed by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) which addresses a key area of discrimination in the Form I-9 process. The video was released in Spanish (and with English subtitles). It provides valuable insight into the employment verification process and highlights the common misconception that employers must re-verify an individual’s work authorization when the employee’s permanent resident card expires. The video explains that employers should not re-verify documents for these individuals and should not be terminating employees who do not have a new permanent resident card. If an employee selects permanent resident in the election section of section 1 of the I-9, an employer must not re-verify the employee's I-9 form. For example, if at the time the I-9 was filled out an employee presented his or her permanent resident card (List A document), or a List B identification document (e.g., driver's license) and a List C employment document (e.g., an unrestricted Social Security card), an employer must not require the employee to present a new permanent resident card.

The OSC offers a number of resources on its website as a means of educating employers on the proper methods for employment eligibility verification and making employees aware of their legal rights. In addition to the educational videos, the OSC also offers monthly webinars for employers and employees that cover the four types of discriminatory conduct prohibited under the INA's anti-discrimination provision. The topics for resources such as webinars and videos are chosen based on frequent issues that arise through the OSC hotline and charges that are most often filed initiated by employee complaints.

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By Darren Nadel and Jordan Cornett

The Colorado Division of Labor has recently stepped up its enforcement of Colorado’s Employment Verification Law. The Employment Verification Law, codified at Colorado Revised Statutes section 8-2-122, became effective on January 1, 2007, and applies to all public and private employers who transact business in Colorado. In general, the Employment Verification Law requires employers to meet the following two requirements:

Requirement #1: Within 20 days after hiring a new employee, the employer must complete an affirmation affirming the following: (1) the employer examined the legal work status of the employee; (2) the employer retained copies of the documents the employee presented for completion of the employee’s federal Form I-9 (such as a driver’s license and Social Security card); (3) the employer did not alter or falsify the employee’s identification documents; and (4) the employer did not knowingly hire an undocumented worker.

The employer must retain a paper or electronic copy of the affirmation for the term of employment of each employee. A sample affirmation that the Colorado Division of Labor requires for compliance is available here.

Requirement #2: The employer must create and retain a paper or electronic copy of the documents that the employee presents for completion of the employee’s federal Form I-9 (such as a driver’s license and Social Security card).

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By Ilyse Schuman

Update: On September 28, 2012, President Obama signed this bill into law.

On Thursday the House of Representatives approved a bill that reauthorizes for three years the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program. All four of these programs were slated to expire at the end of this month. The House-approved bill (S. 3245) sets September 30, 2015 as the new expiration date.

As previously discussed, the four programs granted extensions do the following:

• The E-Verify program assists employers in verifying the employment eligibility of its employees.
• The EB-5 Regional Center program is available to immigrant entrepreneurs who invest between $500,000 and $1,000,000 in a U.S. business that creates 10 full-time jobs for American workers. In exchange for job creation the entrepreneurs are given permanent resident status.
• The Special Immigrant Religious Worker program provides a path to permanent residence for religious workers in the United States. The religious workers can hold a professional or non-professional position within their religious vocation.
• The Conrad State 30 J-1 Visa Waiver program assists medical doctors studying in the United States on J-1 status. Each state receives 30 J-1 visa waivers for foreign medical graduates each fiscal year. A J-1 visa waiver eliminates the requirement that a J-1 physician return to his or her home country for two years before applying for a permanent U.S. visa

The Senate unanimously approved this measure last month, and it is expected to be signed into law.

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By Michael J. Lehet

Launched in March 2011, and subsequently available in 21 states plus the District of Columbia, E-Verify Self Check is now accessible in all other states plus Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of Northern Mariana Islands. Self Check is available in both English and Spanish.

A part of E-Verify, Self Check allows individuals to confirm their eligibility to work in the United States by entering the same information used by employers in performing E-Verify inquiries (i.e., name, address, date of birth, Social Security Number, citizenship, and identity and work authorization credentials). Self Check compares this information against the same databases utilized by E-Verify to confirm employment eligibility. According to U.S. Citizenship and Immigration Services, Self Check benefits both workers and businesses, taking the “mystery” out of the employment eligibility verification process and allowing workers to resolve records discrepancies before accepting a new job. Importantly, Self Check is voluntary. Therefore, employers are prohibited from requiring applicants or employees to use the system.

A recent survey found an increase in the percentage of employers using E-Verify to confirm the work authorization of employees. Of those surveyed in 2011, 51% indicated they use E-Verify, as opposed to 28% in 2010.
 

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By Kelly Reese

On August 29, 2011, U.S. District Judge Sharon Blackburn temporarily enjoined the enforcement of Alabama’s recently enacted immigration law, House Bill 56 (HB 56), which was due to take effect September 1. The injunction will remain in effect until the court enters its ruling on the preliminary injunction or until September 29, whichever comes first. Judge Blackburn’s Order (pdf) states that the court will rule on the merits of the pending Motions for Preliminary Injunction no later than September 28.

The U.S. Department of Justice (DOJ) filed the lawsuit in the U.S. District Court (Northern District of Alabama) against the State of Alabama, alleging that HB 56 is preempted by federal law. The DOJ asked the court to find HB 56 invalid, null and void; and sought a preliminary and permanent injunction prohibiting its enforcement.

Two similar lawsuits, also seeking preliminary and permanent injunctions prohibiting enforcement of HB 56, were filed by religious and public interest entities. Those two cases have been consolidated with the DOJ lawsuit.

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Building on changes made in June 2010 to enhance the E-Verify web interface’s usability, security, accuracy and efficiency, U.S. Citizenship and Immigration Services (USCIS) recently announced further improvements, including:

• the ability to verify applicants’ driver’s license information;
• less strict entry requirements for U.S. passport and visa number information;
• improved messages that guide employers towards creating qualifying passwords;
• upgrades to the user registration process concerning additional users;
• the ability to select a future hire date;
• a “help” icon linking to instructions and information;
• an upgraded “case details” screen, making it easier to locate detailed case information;
• interface enhancements, e.g., sorting client companies alphabetically, to increase the efficiency of the case creation process for E-Verify employer agent users.

An employer’s existing user ID and password remain valid, and all pre-update case information will be available upon login. However, upon the first login to the enhanced website, users will be required to take a short tutorial to learn about the changes.

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A bill that would expand the E-Verify employment verification system and require its use by all employers was reintroduced in the House on May 26. Introduced by Rep. Health Shuler (D-NC) and cosponsored by 37 others, the bipartisan Secure America through Verification and Enforcement (SAVE) Act (H.R. 2000) would create a four-year phase-in period during which all employers would eventually be required to use E-Verify to check the employment eligibility of their potential and current hires. To learn more about the bill and its implications for employers, please continue reading at Littler's Washington D.C. Employment Law Update blog.

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A recent report by Reuters highlights the possible correlation between the demand for pilfered identities and employers’ increased efforts to verify employees’ immigration status, e.g., by using E-Verify. Starting in 2009, federal immigration enforcement efforts have targeted employers rather than workers, and many businesses have been intensifying their efforts to ensure the legality of their workforce. The E-Verify program identifies mismatched names and Social Security numbers but is not designed to flag stolen identities. Accordingly, some undocumented workers have moved away from using their real name and an illegitimate Social Security number and, instead, are purchasing and using stolen names and their accompanying Social Security numbers.

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The Florida House of Representatives’ Economic Affairs Committee recently approved a bill, HB 7089, that would require all employers in the state to use E-Verify to authenticate newly hired employees’ legal work status. The bill does not require employers to verify current employees’ status.

The proposed law would prohibit an employer from “knowingly” employing an unauthorized alien, and violators would be subject to administrative investigation and possibly administrative and civil actions and penalties. Additionally, a business failing to use E-Verify would lose its business license until it registers to use E-Verify and provides the appropriate licensing agency an affidavit demonstrating such registration. Noncompliant government contractors would have their contracts rescinded and become ineligible for future public contracts.

As reported in The News-Press, the bill faces opposition on many fronts, including labor and business groups. Representatives of Florida’s agriculture and tourism industries contest E-Verify’s efficiency and contend that the bill would damage these industries. Additionally, immigrants staged a pray-in during the Economic Affairs Committee hearing. 

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By Neil M. Alexander and Michael J. Lehet

In our July 2010 ASAP Update, Littler discussed the federal district court decision temporarily enjoining enforcement of certain provisions of Arizona's controversial "Support Our Law Enforcement and Safe Neighborhoods Act" ("SB 1070"). On April 11, 2011, the Ninth Circuit Court of Appeals issued an opinion affirming the district court ruling.

Like the district court decision, the Ninth Circuit opinion does not impact those provisions of SB 1070 that amend the Legal Arizona Workers Act (LAWA). Consequently, LAWA will continue to provide an entrapment defense to employers charged with knowingly or intentionally hiring undocumented workers. LAWA will also continue to require that employers keep a record of each E-Verify verification. Furthermore, the Ninth Circuit opinion does not affect the language of SB 1070 making it a Class 1 Misdemeanor for occupants of a motor vehicle stopped on a street, roadway, or highway, to hire and pick up, or attempt to hire and pick up, passengers for work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.

The opinion is the second Ninth Circuit decision to weigh in on Arizona's recent immigration debate. As explained in our September 2008 ASAP, Ninth Circuit Court of Appeals Upholds Legal Arizona Workers Act, the court previously sided with the district court and ruled that LAWA was constitutional. That decision is currently on review before the U.S. Supreme Court. A ruling from the high court is expected within the next several months.

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On March 3, 2011, the Georgia House of Representatives passed, by a 113-54 vote, House Bill 87 (pdf), an immigration enforcement bill that, among other provisions, would require employers to use E-Verify to authenticate their new hires’ legal work status. The bill, known as the Illegal Immigration Reform and Enforcement Act of 2011, now moves to the Senate, where a committee endorsed a similar measure on March 2. As reported by the Atlanta Journal-Constitution, HB 87’s controversial provisions, such as authorizing state and local police to verify the immigration status of certain criminal suspects, prompted “hundreds” of demonstrators to gather outside the Georgia Capitol during the House debate to “denounce the measure as an ‘Arizona copycat law.’”

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On February 14, Senator Orrin Hatch (R-UT) re-introduced the “Strengthening Our Commitment to Legal Immigration and America’s Security Act” (S. 332). Senator Hatch first introduced this bill on September 29, 2010, but it died in committee. The current bill has been referred to the Senate Judiciary Committee. As outlined in our report of the bill’s initial introduction, Senator Hatch’s bill includes a long list of immigration enforcement provisions, such as requiring the IRS to notify Social Security number holders if the agency suspects fraudulent use of their number for employment verification purposes.

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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.”

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The Department of Homeland Security (DHS) has announced that, on March 18, 2011, it will launch the E-Verify Self Check Program, a secure web portal that allows an individual to verify his or her work authorization status. Previously, only employers could conduct E-Verify checks, and, in the event of a possible mismatch, the prospective employee needed to resolve the matter, thereby delaying his or her possible hire and/or start date. The Self Check Program will allow individuals to correct any identity information errors that the E-Verify system might contain, thereby “provid[ing] a vehicle for an individual to proactively check work authorization status prior to the employer conducting the E-Verify inquiry.”

The Self Check program is a two-stage process: Stage 1 requires users to verify their identities; Stage 2 examines whether the individual is legally authorized to work in the United States.
 

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Florida recently became the 14th state to require government employers and contractors to use E-Verify to confirm employees’ legal work status. On his first day in office, January 4, 2011, Governor Rick Scott signed Executive Order Number 11-02, which took effect immediately and requires:

• all state agencies under the direction of the governor to verify employment eligibility of all current and prospective employees through E-Verify; and
• that such agencies’ contracts contain an express requirement that contractors use E-Verify to confirm the legal work status of: (1) their employees on public works projects in Florida; and (2) all persons, including subcontractors, assigned by the contractor to work on those projects.

Additionally, the order states that agencies not under the direction of the governor are “encouraged” to use E-Verify to verify current and prospective employees’ legal work status, and to require the same of those agencies’ contractors and subcontractors.

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On September 29, 2010, Senators Robert Menendez (D–NJ) and Patrick Leahy (D–VT) introduced “The Comprehensive Immigration Reform Act of 2010” (S. 3932). According to Senator Menendez, the bill “addresses long-standing, wide-ranging flaws in the immigration system that have been priorities of groups on each side of the immigration reform debate.” The bill was introduced shortly before Congress adjourned for its mid-term election recess. As reported by The Hill, Senator Menendez defended his timing for introducing the bill by stating that it could lead to possible “lame-duck movement” on the legislation, and in the longer term it serves as an "invitation to bring Republican colleagues to discussion" on immigration reform.

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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.

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The New York Times reports that the Massachusetts Senate has voted 28 to 10 in favor of an immigration-related amendment (pdf) to the state budget bill that would require state contractors to verify that their workers are legally authorized to live and work in the United States. The proposed law also would penalize contractors violating the law by prohibiting them from doing business with the state. Additionally, the state attorney general’s office would be required to set up a hotline by which people could anonymously report alleged hiring of illegal immigrants, and to investigate such allegations.

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U.S. Immigration and Customs Enforcement (ICE) announced that it has served Notices of Inspection (NOIs) on 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. ICE will review these businesses’ hiring records to determine their compliance with federal employment eligibility verification laws. As previously discussed, in 2009 ICE developed a new enforcement strategy that includes significantly increasing the number of forensic audits. In December 2009, 1,000 businesses faced an audit. In July 2009, ICE issued more NOIs in one day—652—than it did in all of 2008.

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As reported by The Washington Times, the Social Security Administration (SSA) failed to run electronic employment verification (E-Verify) checks on 19% of the employees it hired in 2008 and 2009. The SSA, along with U.S. Citizenship and Immigration Services, administers the E-Verify program.

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The United Kingdom’s Identity and Passport Service (IPS) has introduced two new voluntary identification cards: 

• a national identification card for British nationals; and
• an identification card for European Economic Area (EEA) and Swiss nationals.

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The Contra Costa Times reports that this month over 1,000 businesses will face forensic audits conducted by United States Immigration and Customs Enforcement (ICE). Many businesses, e.g., those involved in the food supply chain, have been targeted because they are connected to public safety and to the United States’ “critical infrastructure.”

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As reported previously on this blog, U.S. Citizenship & Immigration Services (USCIS) officially announced the opening of a new Verification Operations Center in Buffalo, NY. This center will employ approximately 135 people with the sole objective of performing immigration status verification for the Systematic Alien Verification for Entitlements (SAVE) and E-Verify systems. Specifically, the new center will run verification checks of employee work authorization status for companies enrolled in E-Verify, and it will confirm immigration status inquiries for government entities using SAVE. This is the first USCIS field office dedicated to monitoring compliance and ensuring the correct use of the SAVE and E-Verify programs. The Buffalo Verification Operations Center will spearhead USCIS's initiative to stop employers and third-party "investigation" companies from using E-Verify improperly. This development is the government's attempt to improve the integrity of both SAVE and E-Verify. These efforts may also facilitate the reduction of potential discriminatory effect in the application of E-Verify procedures and safeguard privacy interests.

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The Department of Homeland Security (DHS) has published in the Federal Register a final rule rescinding the controversial “no-match” rule. The rule – which has been enjoined by a lawsuit filed in 2007 and therefore never implemented – created safe harbor procedures for employers that receive no-match letters from the Social Security Administration (SSA) or notice of suspect documents letters from the U.S. Immigration and Customs Enforcement (ICE) regarding their employees’ authorization to work in this country. Read the full story on Littler's Washington DC Employment Law Update blog.

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With the rejection of an 11th–hour appeal, a Maryland district court judge has permitted the new E-verify requirements for federal contractors to become effective September 8, 2009. Federal agencies are now permitted to require federal contractors to use E-Verify to confirm the work eligibility status of their employees. 

For more information, see Littler's ASAP: Federal Contractors: Be Aware of New E-Verify Requirements in Contracts by Jorge R. Lopez, Joshua Roffman, Aimee Clark Todd and Russell C. Ford. 

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As reported by Daily Journal of Commerce, business groups have appealed the August 25 decision by a federal district court in Maryland upholding the E-Verify Federal Contractor Rule. As previously discussed, the rule is set to take effect on September 8, 2009. If government officials do not voluntarily postpone the effective date, lawyers for the business groups have indicated that they will ask the courts to do so.

Criticisms about E-Verify include:

• the system’s inability to support a large influx of users;
• the complicated nature of the system; and 
• a requirement that contractors who sign up for the system provide the government with access to their books at any time.

Others, however, contend that:

• the system is simple to use;
• an influx of government spending has improved the system; and
• the odds of being audited are probably minimal.

The E-Verify Federal Contractor Rule was created via an executive order by George W. Bush in June 2008 but the effective date was postponed until a new administration was sworn in. The Rule requires contractors receiving federal funds to verify that their employees can legally work in the United States.

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The US Citizenship and Immigration Services (USCIS) announced on August 27 that the expiration date of the current version of the I-9 (Employment Eligibility Verification) form has been extended for three years, until August 31, 2012. This means that employers can use I-9 forms that have a revision date of either February 2, 2009, or August 7, 2009. The revision dates are printed in small type on the bottom right of the I-9 form.

As a reminder, employers generally must, within three business days of the date that a new employee begins working (on the first day of work for short-term employees), obtain a completed I-9 form and review original documents establishing the employee’s identity and authorization to work in the United States.

To obtain Form I-9 and the Handbook for Employers (PDF), visit www.uscis.gov/i-9. Forms may also be ordered by calling the USCIS toll-free forms line at (800) 870-3676. In addition, employers may use photocopies of the I-9 forms.

This entry was written by Patricia Haim.
 

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A recent USCIS study reports that American businesses authenticate 1 in 4 new hires’ work status using E-Verify. According to a Homeland Security Insight & Analysis article, in 2009 there have been about 6 million E-Verify queries, a considerable increase from previous years. E-Verify boasts a 96.9% accuracy rate, and the program is frequently analyzed and updated. Substantial improvements are scheduled to occur in August 2009.

Although E-Verify has been praised by many in the business community, caution over mandating usage among all employers, particularly smaller employers, has been expressed. Others, however, believe that the system represents an efficient and effective way to curb illegal immigration, and are hoping that Congress increases funding and expands the program.

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Last week the Senate voted to accept an amendment (S. AMDT. 1375) to the Department of Homeland Security’s (DHS) Appropriations Bill (H.R. 2892) that would prevent the DHS from revoking its “No-Match” Rule. Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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The Immigration and Customs Enforcement (ICE) has announced that it will begin to investigate workplaces in all 50 states to identify employers who are hiring undocumented workers. Specifically on July 1, 2009, ICE launched a comprehensive audit initiative and issued Notices of Inspection (NOIs) to 652 businesses nationwide. States are also beginning to increase their enforcement efforts so employers should take steps to ensure compliance with both federal and state immigration requirements. Continue reading Littler ASAP "Latest Developments in Employment Verification Enforcement" by Jorge R. Lopez, Chadwick M. Graham and Melissa M. Randall.

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Department of Homeland Security (DHS) Secretary Janet Napolitano has announced that the Obama administration will fully implement the federal contractor rule that extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Starting on September 8, 2009, the rule will apply to federal solicitations and contract awards government-wide. At the same time, Napolitano announced that DHS intends to rescind the Social Security No-Match Rule.

In making the announcement, Napolitano commented: “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce. . . . As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” Initiatives now underway with respect to E-Verify are designed to:

• further improve federal database accuracy;
• add new tools to prevent fraud, misuse, and discrimination;
• strengthen training, monitoring, and compliance; and
• enhance privacy protections.

As reported by The New York Times, support for the E-Verify system is by no means universal. Immigrant advocacy groups continue to criticize E-Verify, and the system is being challenged in federal court by the US Chamber of Commerce and other business groups, who contend that the databases it relies upon is full of errors.

Regarding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect, DHS will propose a new regulation that will rescind the rule. With respect to rescission of the No-Match Rule, the DHS announcement noted that the E-Verify system addresses data inaccuracies more quickly and “provides a more robust tool for identifying unauthorized individuals and combating illegal employment.”

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Senator Charles Schumer (D-NY), chairman of the Senate Judiciary subcommittee on immigration, has strongly criticized the E-Verify system and proposes replacing it with a biometric-based federal employment verification system. As reported by Workforce Management, Schumer has called E-Verify “unfair” because it singles out individuals with Hispanic surnames and “ineffective” because unauthorized workers can slip through the system by using stolen Social Security numbers and fake IDs.

However, it is far from certain that Schumer’s plan to scrap E-Verify will succeed. The House recently approved a homeland security appropriations bill that includes a two-year reauthorization of E-Verify, and it also has approved redirecting $50 million of the DHS budget to the U.S. Customs and Immigration Services for E-Verify enhancements.

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U.S. Citizenship and Immigration Services (USCIS) has announced that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS website will continue to be valid for use beyond June 30, 2009.

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.

When the extension is approved, USCIS will update Form I-9. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form. 

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A bill introduced by Rep. Gabrielle Giffords (D-AZ) would extend the E-Verify program through September 2014. The Employee Verification Amendment Act of 2009 (H.R. 2679) would also order a General Accounting Office (GAO) study to determine the cause of errors made by this employment verification system, and its effects on small businesses.  Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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The federal government has told a Maryland judge that it plans to delay for the fourth time the effective date of a rule requiring certain federal contractors and subcontractors to use the E-Verify program.  Continue reading about this development on Littler's Washington DC Employment Law Update blog.

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U.S. Citizenship and Immigration Services (USCIS) has provided the new Form I-9 in its recently published “Handbook for Employers”—with the express caveat that it may only be used on or after April 3, 2009. As discussed in a previous entry, USCIS originally planned to implement the new I-9 on February 2, 2009, but interest group pressure resulted in a last-minute postponement. For more insight into this development, see Littler’s ASAP “USCIS Issues Interim Final Rule on I-9 Employment Verification” by Jorge R. Lopez and Chadwick M. Graham.

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On January 30, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced a wide-ranging action directive on immigration and border security. The directive requires specific DHS offices and components to “work together and with state and local partners to review and assess the plans and policies” to address:

• criminal and fugitive aliens;
• legal immigration benefit backlogs;
• southbound gun smuggling;
• cooperation with the National Guard at or near the border;
• widows and widowers of U.S. citizens whose petitions for the alien spouse’s immigration were denied;
• immigration detention centers (detention standards); and
• electronic employee verification.

For each assessment, a final report is due by February 20, 2009.
 

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