by Jason Morris

Most of us knew this was coming!  This allows for employers to continue using automated I-9 Services and E-Verify as it currently stands.

Democratic leaders and Republicans agree that there is not enough time left in this year’s congressional session for the wider verification debate.

In a year when political gridlock has halted most immigration legislation, the House overwhelmingly approved a bill Thursday, July 31, that would extend for five years a controversial government-run electronic employee verification system.

Although the measure passed 407-2 under special House rules that required at least a two-thirds majority, the final outcome doesn’t signal widespread agreement on the issue.

Many Democrats and some Republicans want to overhaul or junk E-Verify. Most Republicans and some conservative Democrats praise it for helping reduce the “jobs magnet” that fosters illegal immigration—and want to make it permanent and mandatory for all employers.

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by Nick Fishman

This E-Verify update comes us from our good friends at Greenberg Traurig. Evidently, the federal government is getting ready to mandate the use of E-Verify for all federal contractors.  You might recall that E-Verify (formerly known as the “Basic Pilot Program” is designed to allow employers to confirm employment eligibility and right to work status.  See excerpt from their alert below:

Major changes are on the way for federal contractors, who will soon be required to use
the Department of Homeland Security’s (DHS) E-Verify system to electronically verify
the employment eligibility of many of their employees. Although Congress is in the
process of evaluating the integrity and future of the E-Verify Program as it considers
reauthorizing the program, the Administration pushed on with its enforcement agenda.

On Friday, June 6, President Bush issued an executive order that will require all federal
contractors to use the E-Verify employment verification system once they enter into a
contract with an Executive Department or Agency. Also, on June 9, DHS Secretary
Chertoff announced that the Office of Management and Budget (OMB) had completed
review of a rule-making that will amend the Federal Acquisition Regulations (FAR) to
impose the same requirement on all federal contractors. While it is not unusual for
federal contractors to be held to different or higher standards than other U.S.
employers, this is a major development and will have significant effects on federal
contractors. This GT Alert discusses some of the issues raised by the executive order. A
future Alert will discuss the new rule once it is published.

Read the full article here:

GT Alert on E-Verify

by Nick Fishman

We found this post on HRResouce.com about U.S. Immigration and Customs Enforcement’s (ICE) enforcement efforts to ensure that employers are hiring legal, documented workers: I-9 Audits Return, Verification Expands.  The post was so informative that we didn’t mind the plug for the author’s services at the bottom.  See excerpt below:

ICE had openly abandoned the use of audits and administrative fines for employers’ technical noncompliance with I-9 procedures on the theory that employers seeking to make money from knowing employment of illegal workers will just build such fines into their cost of doing business. Instead, ICE has focused its limited but rapidly increasing worksite enforcement resources on raids and prosecutions in order to achieve the maximum deterrent effect through well-publicized convictions of managers and companies and seizure of company assets, as well as business interruption losses from removal of large numbers of workers.

These actions are part of a larger no-nonsense enforcement strategy articulated with increasing clarity by Homeland Security Secretary Michael Chertoff, who has started making State of Immigration speeches describing the multifaceted efforts by the department’s various components to rebuild confidence in the government’s willingness and capability to conduct practical immigration enforcement, while working administratively to streamline and expand legal immigration under existing law and continuing to prove the case for more comprehensive reform. “We are not going to have a silent amnesty,” Chertoff has stated.

It’s not new news that ICE’s efforts are gaining momentum and the ball seems to be rolling towards a federal mandate on E-Verify or alternative Electronic I-9 Confirmation programs.  You just wonder if it will ever happen.  Getting the federal government to agree on anything right now is no small task and with upcoming presidential elections, the political landscape could undergo a major shift.  Who knows?  We’ll just wait on the sidelines and keep you informed.

by Jason Morris

SHRM recently had the opportunity to testify in front of the U.S. House Ways and Means subcommittee on Social Security.  I even had the opportunity discuss the Johnson Bill (H.R. 5515) with the SHRM Manager of Public Affiars a few months ago in Boston at the SHRM HR Global Conference.  SHRM is really pushing acceptance of this bill for a myriad of reasons, most notably the level of Non-Confirmations in an admittedly imperfect system.  According to SHRM CEO, Sue Meisinger:

“New Employee Verification Act” (NEVA).  H.R. 5515 would create a new, more secure, accurate, and reliable employment verification system.”

“The employers we represent are fully committed to the hiring of only work-authorized individuals through an effective, efficient electronic employment verification system,” said Meisinger. “We believe effective employment verification is the lynchpin for true immigration reform. We also recognize that the current employment verification system is in need of real reform and is inadequate to meet current and future demands.”

Workforce Management has an interesting take on the debate.  The ‘Father’ of the E-Verify system, Rep. Ken Calvert, R-California called on SHRM to end their negative advertising campaign against E-Verify.  According to Workforce Managment:

At the hearing, Calvert defended his creation, testifying that 92 percent of employees put into the system are immediately approved and less than 1 percent successfully contest a nonconfirmation.

About 61,000 employers voluntarily use E-Verify. The law that established the system expires in November. Calvert has introduced a bill that would reauthorize it and mandate that all 7.4 million employers sign up over a seven-year period.

Most of the input at the hearing came from people who were concerned that such an expansion of E-Verify would overwhelm the Social Security system.

After mulling it over for a couple days, Calvert issued a pointed statement on Thursday.

“While I appreciated the opportunity to testify, it was clear that the hearing, as evidenced by the second witness panel, was slanted against E-Verify,” he said. “The fact remains that E-Verify is the only tool available for employers, who are required to hire a legal workforce, to check the veracity of identification documents presented by a new employee.”

Then the shot across SHRM’s bow: “There are certain interests that simply do not want employment verification. That is why they will denounce E-Verify and assert that there is a perfect system out there somewhere, when in fact there is no perfect system.”

In my opinion they are both right.  Having spent four years in Washington every March lobbying on behalf of our industry I see both points.  employeescreenIQ has written several articles and blogs on this subject.  E-Verify is far from a perfect system.  The database needs a lot of work and verification standards need updating.  The TNC’s (Tentative Non Confirmations) are causing a lot of heartache for various industries.  Personally, I really like H.R. 5515, I think it simplifies the system and makes it easier for organizations to comply.  However, hearing from legislatures in D.C. there is little support for H.R. 5515 and little money allocated to scrap what is in place and create a whole new system.  I think you will see a re-vamp of E-Verify and a more accurate database in the coming years.  I think H.R. 5515 is a great push to make this happen. I have been wrong before so lets wait and see what happens.  I commend SHRM for their efforts, its doing a lot of good on both fronts!

by Nick Fishman

Thanks to our good friends at NAPBS for updating us on this recent announcement from United States Citizenship and Immigration Services (USCIS) concerning the E-Verify program. You might recall that E-Verify is the former “Basic Pilot Program” that allows for Instant Confirmation of Employment Eligibility.

USCIS ANNOUNCES ENHANCEMENTS TO E-VERIFY PROGRAM Improvements Will Focus on Decreasing Mismatch Rates for Naturalized Citizens
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today improvements to the E-Verify employment authorization program that will reduce an already low mismatch rate, while also streamlining and increasing the effectiveness of the overall program.
Today’s announcement comprises the first two phases of an overall three-part enhancement for
E-Verify aimed at decreasing the mismatch rate for naturalized citizens.
“Less than one percent of all work-authorized employees receive a tentative nonconfirmation through E-Verify,” said USCIS Acting Director Jonathan Scharfen. “While this is a very small percentage, we believe every employee who is authorized to work in the United States should be instantly authorized by the program. We’re confident that the enhancements we’re launching today will help us achieve that goal.”
Starting today, the E-Verify system will include naturalization data, which will help instantly confirm the citizenship status of naturalized U.S. citizens hired by E-Verify employers. Naturalized citizens who have not yet updated their records with the Social Security Administration (SSA) are the largest category of work-authorized persons who initially face an SSA mismatch in E-Verify. Additionally, a naturalized citizen who receives a citizenship mismatch with SSA can call USCIS directly to resolve the issue (in addition to the option of resolving the mismatch in person at any SSA field office.)
E-Verify also will now include real time arrival data from the Integrated Border Inspection System. This additional data source will reduce the number of immigration status related mismatches for newly arriving workers who have entered the country legally.
USCIS also plans to initiate citizenship status records information sharing with SSA to further help prevent tentative nonconfirmations from occurring. This effort will improve the efficiency of E-Verify by providing to SSA with the most accurate and timely citizenship status information. E-Verify also plans to check against Department of State passport records in the near future to even further reduce mismatches.
More than 64,000 employers participate in E-Verify with approximately 1,000 new enrollments weekly. The Web-based system allows participating employers to electronically verify the employment eligibility of newly-hired employees. E-Verify evolved from the Basic Pilot/Employment Eligibility Verification Program originally developed in 1997 and made available to employers as a Web-based system in 2004. USCIS operates the program in partnership with SSA.
Additional details on the program are available on the E-Verify Web site at www.uscis.gov/e-verify.
– USCIS –

by Jason Morris

U.S. Employers have historically been overwhelmed by the cumbersome process of I-9 Forms and compliance with I-9 Regulations. Fines for inaccurately completed I-9 Forms range from $300 to $3000 per occurrence. The Immigration Reform and Control Act (IRCA) mandates that U.S. employers authenticate the employment eligibility status of newly hired employees and makes it illegal for employers to knowingly hire or continue to employ unauthorized workers. As a designated agent for the Department of Homeland Security (DHS), employeescreenIQ ® can automate your I-9 process and allow your company to participate in the DHS E-Verify program. (Previously called the SAVE and/or Basic Pilot Program).

In a recent article on employeescreen University, Nick Fishman writes:

Ask any HR executive about their I-9 process and their eyes begin to water before they can spit the words out. Names spelled wrong, social security numbers don’t match, proper identification isn’t verified. Let’s face it, it’s a time consuming process that often is executed incorrectly and the penalties for lax policies are scary. The Immigration Reform and Control Act of 1986 mandates that US employers verify the employment eligibility status of new employees. Until recently, this was accomplished most typically by examining a few pieces of identification while hoping the ID documents were authentic, entering the relevant information on the I-9 form, and filing it away in the employee file. It was pretty much forgotten at this point unless and until the government decided to audit your I-9 files to make sure you were not employing illegal workers. Still, many employers are fined for incorrectly filling out the I-9, even though they are employing legal workers. There was no external oversight or feasible process available to gain assurance that you are indeed employing legal workers, or gain the peace of mind that your documentation was all in order every time.

What Can You Do?

Fortunately, this problem is common to all organizations and now employeescreenIQ offers Employment Eligibility Verification and Electronic I-9 Filing through our partnership with Form I-9 Compliance LLC. These tools can reduce your workload and keep you in compliance. The product that Form I-9 has developed allows employers the ability to fill out a “smart” I-9 form on-line that ensures it is filled out completely and correctly. From there, an employer can simply store the document in an on-line archive or can seamlessly and electronically verify employment eligibility instantly through the Social Security Administration (SSA) and the Department of Homeland Security (DHS). Within moments the system will give you a confirmation of the employee’s eligibility or it will indicate a non-confirmation. In occurrences of non-confirmation, the system will walk the employer step by step through the error and illustrate how to resolve the issue. Some of the common issues may be resolved with a few keystrokes. Others require follow-up from both you and your employee; the Form I-9 system will send you regular reminders indicating the number of days your employee has to resolve the non-confirmation. If the non-confirmed employee fails to respond through the appropriate channels within the legally mandated grace period, or if employment eligibility is ultimately found ineligible for employment, the system will indicate that the employee must be terminated. You may continue to employ workers who have received the initial non-confirmation until their employment eligibility has been confirmed through these channels.

The system can also be used for re-verifications, such as when an individual legally changes their name or when a foreign employee’s Green Card expires and is re-issued. The system will track and notify you of upcoming expiration dates for workers without permanent authorization.

Program Features Include:

- Comprehensive and error free electronic I-9 form processing and storage

- Electronic signature module that is fully compliant with the E-Sign Act

- Integration of this electronic process into your background check results

- Instant confirmation of “Right to Work”

- Receive automated alerts 90, 60 and 30 days in advance of the expiration of employees work authorization documents.

- Automated Tentative Non Confirmation (TNC) compliance

Benefits

- Simplify and improve your I-9 process

- Mitigate your risk during I-9 Form Audits

- Allow your company to centralize and automate the entire I-9 Process

- Remove paper from the process

- Removes guesswork from I9 document review during the Form I-9 process

- Allows participating employers to confirm employment eligibility of all newly hired employees

- Improves the accuracy of wage and tax reporting

- Protects jobs for authorized United States workers

Many states are already mandating this process with twenty more states coming on board by the end of the calendar year. While not a part of the background screening process, E-Verify is a critical step in solidifying a reputable workforce. While lobbying with NAPBS® we have found a lot of support for a federal bill requiring full deployment of E-verify within five years. For more information on E-verify feel free to contact us: http://www.employeescreen.com/requests/freedemo.asp

by Jason Morris

A few weeks ago I spent time in Washington DC lobbying on behalf of our industry. Included in this NAPBS “Day on the Hill” was a very productive meeting with the Department of Homeland Security (DHS). DHS along with many of our members came up with some great ideas on how to expedite Tentative Non Confirmations (TNC’s) and other issues facing employers using E-Verify. I came across the following article this morning while reading BLR’s HR section, a great resource for HR Professionals and Employment Lawyers. E-Verify and other automated I9 Services are being used by approximately 5% of U.S. employers, this number will go up significantly in the coming years.

March 24, 2008

Gov’t Adjusts No-Match Rule, Aiming to Address Court Ruling

The U.S. Department of Homeland Security (DHS) has released a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007, aiming to address three issues cited in a decision of the U.S. District Court for the Northern District of California blocking the original rule. The August 2007 rule outlined steps an employer should take if it receives a letter indicating that the information submitted for an employee fails to match the government’s records.

Specifically, the court questioned whether DHS had: (1) supplied a reasoned analysis to justify what the court viewed as a change in the department’s position–that a no-match letter may be sufficient, by itself, to put an employer on notice, and thus impart constructive knowledge, that employees referenced in the letter may not be authorized to work in the United States; (2) exceeded its authority by interpreting the anti-discrimination provisions of the Immigration Reform and Control Act of 1986 (IRCA); and (3) violated the Regulatory Flexibility Act by not conducting a regulatory flexibility analysis.

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