E-Verify & I-9 News

The American Immigration Lawyers Association (AILA) has posted an advanced softcopy the Department of Homeland Security’s new M-781 handbook that’s designed to assist companies who use a Designated Agent to perform E-Verify inquires on their behalf.  

The 10 page document outlines the required steps to take to allow a Designated Agent to enroll a company as a ‘client company’ under the Designated Agent’s E-Verify account. The handbook also covers how to change Designated Agents as well as how to end participation with E-Verify, amongst other relevant topics. You can access a copy of the M-781 handbook through the following link.

The DHS began testing its redesigned E-Verify interface, which includes new navigation tools, case alert functionality, and other features designed to increase employer compliance while maintaining employee privacy. The new E-Verify look is part of a broader DHS initiative to improve operating efficiency and user friendliness in response to previous evaluations which found the system to be burdensome and lacking in safeguards. While employers will most likely welcome the new look and functionality, these cosmetic changes won’t address the program’s effectiveness or accuracy rate, which came under fire last week. DHS seems committed, however, to continually improve the system on both fronts, so let’s take a sneak peak at some of the pros and cons of this redesigned interface.

The Home Page has been redesigned to provide a quick link to start a new verification and also inform users of E-Verify news and case alerts. At present, the news appears to be more along the lines of system alerts, which in the past, have not been updated that frequently. The navigation pane on the left-hand side has also been modified, although the overall functionality is the same.

E-Verify Case Alerts are located at the bottom of the screen, and are intended to bring to your attention cases that need some action. In particular, users can see Open Cases to be Closed; Cases with New Updates; and Work Authorization Documents Expiring. This last alert, while helpful on the surface, may actually cause confusion since employers are supposed to reverify employment authorization on the I-9 form in these situations, and not through E-Verify.

Verification: the screen for entering I-9 information now displays the fields in 3 columns (rather than 1 long one) and features pull-down menus for the various date fields (hire date, doc expiration date, etc.). The SSN field now has 3 boxes to force the user to enter the number in a proper format. After the verification has been completed, the system will mask the SSN, to preserve the employee’s privacy. Noticeably absent, however, is real-time field alerts when the user has entered an improper document number or hire date.

Navigation and instructions As you’re performing an E-Verify query, the system highlights a progress indicator (>>) to visually represent where you are in the verification process. E-Verify Instructions and terms have also been simplified (e.g., “resolve case” will now be called “close case”).

Close case process has also been reworked so the employer now has choices written in plain language. (Say good bye to “Invalid Query!”).  The first question asked is whether the employee is currently employed with the company. If yes, the user can choose to indicate that they entered data more than once, submitted incorrect data, or the employee chose not to contest a TNC (if applicable). If the employee is not currently employed, the employer can indicate whether the employee quit or was terminated for some other reason.

It’s not yet clear when E-Verify will release this new look on their live servers, but given the recent pressure and scrutiny, I expect to see it very soon.

Although the government is not releasing the names of employers that have been targeted in this latest I-9 investigative sweep, several online news sources have reported the raw numbers in various states based upon interviews with local ICE representatives. Here is a current breakdown by state:

• 161 businesses in Texas (60 located in the San Antonio area)
  http://www.dallasnews.com/sharedcontent/APStories/stories/D9C38CT80.html

• 150 in California
  http://thepacker.com/Feds-launch-massive-investigation-into-employer-records/Article.aspx?articleid=942539&authorid=676&feedid=215&src=recent

• 86 farms in Vermont
  http://www.addisonindependent.com/200911breaking-news-feds-target-vermont-dairy-farms-illegal-foreign-workers

• 52 in Arizona
  http://idexer.com/2009/11/19/hiring-records-of-52-arizona-companies-under-review.html

• 24 in Illinois
  http://www.wbez.org/Content.aspx?audioID=38279

• 12 in Colorado, including Xcel Energy, Inc (which proactively notified the media)
  http://denver.bizjournals.com/denver/stories/2009/11/16/daily79.html

• 2 in Rhode Island
  http://www.projo.com/news/content/NOTICE_OF_INSPECTIONS_11-20-09_F7GH61G_v8.3a65cb2.html

According to one of the ICE representatives, “critical to infrastructure” employers included agricultural processors, large agricultural or food service employers, transportation companies, power plants and defense industry firms that have government contracts of at least $100,000.

Today, DHS Secretary Janet Napolitano announced a new “I E-Verify” campaign to promote the use of E-Verify and recognize the approximately 170,000 businesses which have already enrolled. The I E-Verify campaign will essentially consist of public service announcements, posters, window stickers, and other measures to make the public more aware of E-Verify. One such announcement is already posted on Youtube as shown below.

In addition to public relations, DHS also announced the opening of a new office in Buffalo, NY, with 135 specialists dedicated to resolving E-Verify inquiries. Enhancements to the system are also on the way, including a feature for employees to self-check their record with E-Verify before they apply for a job. Other compliance improvements will include:

• Adding passport photos to the E-Verify photo matching tool
• Verifying employer information against the Dun & Bradstreet database
• Checking for duplicate employers at different locations
• Monitoring employers who fail to meet the 3 day deadline or improperly use E-Verify to pre-screen employees.

The press release announcing “I E-Verify” can be seen here.

Today, the Department of Homeland Security (DHS) announced the issuance of 1,000 additional I-9 Audit notices to employers across the country, focusing in particular on those providing critical infrastructure and other key resources. This number is on top of the 654 I-9 audit notices issued earlier this year. Speaking at today’s workforce symposium in Washington, DC, Assistant Secretary John Morton (of ICE) reiterated the agency’s commitment towards creating a culture of voluntary compliance through aggressive investigations and outreach programs. Assistant Secretary Morton also provided recent statistics, showing the increased level of investigations and fines. The following table illustrates the dramatic increase in worksite enforcement this year:

In addition, DHS released statistics from the 654 notices which were sent in July 2009. Of particular interest, the ICE agents identified roughly 14,000 suspect documents (16% of all viewed); assessed over $2 million in fines; and let 326 employers off with a warning.

The press release announcing these findings (and the new audits) is available here.

With time running out on E-Verify and other federally funded programs, House leaders are considering stopgap legislation this week to keep the government in operation beyond September 30th, the close of the fiscal year. As previously reported, both the House and Senate have proposed extending the E-Verify program as part of the fiscal year 2010 DHS appropriations bill, but have yet to work out differences. The House version proposes a two year extension, while the Senate bill calls for permanent reauthorization along with a requirement that federal contractors and subcontractors use the system for all new hires and employees assigned to a contract.

According to CongressDaily, House leaders will likely implement the stopgap measure (known as a continuing resolution) through the end of October, although the exact date could easily change. The additional month will give lawmakers time to finish work on the 12 annual appropriations bills, which provide funding for numerous activities, including national defense, education, homeland security, and general government operations.

In related news, Senator Chuck Grassley wrote a letter today to the chairman and ranking member of the Senate Appropriations Committee, pressing them to retain his E-Verify amendment (#1415) which would allow all employers (even those who are not federal contractors) to voluntary check existing employees through E-Verify as long as they do so within ten days of election. Senator Grassley argues that the short time period will prevent employers from targeting certain workers by claiming that they are “still working on” verifying the remainder of their workforce. Under the Senator’s plan, if an employer wishes to check existing workers, it must then check them all.

A copy of Senator Grassley’s letter to the Senate Appropriations Committee is available here. We’ll continue to provide timely updates as Congress debates the future of E-Verify.

There has been some confusion as to whether all current and prospective Federal contractors are already required to use E-Verify to confirm that their employees are eligible to work in the U.S. President Bush’s Executive Order (Amending Executive Order 12989) dated June 9th, 2008, instructed federal agencies to require contractor participation in E-Verify. The Proposed Rule provided detailed guidance on how that requirement is to be implemented to cover Federal contractors and subcontractors. Federal departments and agencies within the Executive Branch are already enrolling with E-Verify to check the status of all new hires within the Federal workforce.

The issuance of the Executive Order and the Proposed Rule made some Federal contractors concerned that they would have to start using E-Verify immediately. The Department of Homeland Security (DHS) June 9 announcement stated that the DHS “designated E-Verify, operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all Federal contractors must use as required by Executive Order 12989, as amended.” The announcement also said, however, that Agencies responsible for Federal acquisition regulations (FAR) will send a Notice of Proposed Rulemaking (NPRM) to the Federal Register soliciting public comment on proposed changes to these regulations. Comments were to be accepted for 60 days.

In response to numerous complaints from employers, including the U.S. Chamber of Commerce, as well from civil rights organizations and immigrant groups, USCIS posted a clarification on its website stating that under the Proposed Rule current and future Federal contractors are not yet required to participate in the program.

The Federal Contractors Frequently Asked Questions (FAQs) section on the USCIS website now notes that the Proposed Rule is not yet a final rule but rather a proposal that is still open for public comment. The Federal government, however, continues to encourage the use of E-Verify despite objections being raised about the program’s accuracy, protection of privacy rights, and other civil rights concerns.

Federal Contractors Frequently Asked Questions (FAQs)

 

1. As a current or prospective Federal contractor, am I required by the Executive Order or the proposed rule to enroll in E-Verify now?

 

 

 

Not at this time.  At this time, the E-Verify program remains a voluntary program for employers, including federal contractors.  The Executive Order instructs Federal agencies to require contractor participation in E-Verify as a term of future contracts, and the proposed rule provides detailed guidance on how that requirement is to be implemented.  However, the proposed rule is not a final rule; it is a proposal that is open for public comment at this time.  There may be substantive changes to the rule before it becomes final.  Moreover, the final rule will not be effective until 30 days after publication.  Under the proposed rule, you would only be required to enroll in E-Verify if and when you enter into a Federal contract or subcontract that requires participation in E-Verify as a term of the contract.  Although Federal Contractors are not yet required to participate in E-Verify, you are encouraged to enroll in E-Verify now to verify the employment eligibility of your new hires.

The U.S. Congress is likely to extend the E-Verify program. It has been extended twice before and it must be reauthorized in November. Its use is also likely to increase. As of this June, more than 69,000 employers nationwide relied on E-Verify to determine that their new hires are authorized to work in the United States. Employers have run more than 4 million employment verification queries so far in Fiscal Year 2008. USCIS announced that 99.5 percent of qualified employees are cleared automatically by E-Verify without need for any further action. According to a USCIS official, more than 1000 new U.S. employers sign up for E-Verify each week.

Government madates to promote the use of E-Verify are likely to have a significant impact on employers who may be planning to switch from paper I-9 forms to electronic management of employment eligibility verification.  Electronic Form I-9 management system from Tracker I-9™ is now integrated with E-Verify and allows employers to instantly and securely submit E-Verify information to government databases over the Internet. Tracker I-9 is also offering employers a free E-Verify and Form I-9 HR Toolkit, which can be requested by going to the Tracker I-9™ website.

Also see our press release: Tracker I-9™ Compliance Software Will Help Federal Contractors Meet New Requirement to ‘E-Verify’ Employees’ Work Eligibility

Posted by Tracker I-9™ team.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

U.S. Citizenship and Immigration Services (USCIS) issued a reminder to its customers  on August 18, 2008 to use the correct version of the Application for Employment Authorization (Form I-765) dated 05/27/08. The edition date appears in the lower right hand corner of the form as “Form I-765 (Rev. 05/27/08) N”.

USCIS announced that submission of an earlier version of Form I-765 may result in rejection of the application. The main purpose of the Form I-765 is to allow certain foreign nationals in the United States to request employment authorization and an Employment Authorization Document (EAD).

Customers may download the correct version of the Application for Employment Authorization Form I-765 and instructions from www.uscis.gov/i-765 or under the “Immigration Forms” tab on the USCIS website.

In April, the U.S. Department of Homeland Security  (DHS) released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics. To take advantage of the program, they must be employed by businesses enrolled in the E-Verify program. Other conditions also apply. See DHS Announcement

Work authorizations present a special problem for Form I-9 management systems. Very few software programs now available help employers manage the records of employees with unusual or temporary work visa authorizations. The law requires that when an employee’s work authorization expires, employers must reverify his or her employment eligibility.

The Tracker I-9™ system from Tracker Corp combines both Form I-9 employment eligibility and immigration management in one comprehensive package which generates alerts to HR staff about critical visa and I-9 authorization deadlines.

You may learn about Tracker I-9™ on our website, where you can also request a Free E-Verify and Form I-9 HR Toolkit.

Posted by Tracker I-9™ team.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.