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May-June 2013

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NAVIGATE RESOURCES: Table of Contents InfoNet aila.org Find a Member ? ! Contact a Mentor Shop Agora FOR MORE ON E-VERIFY: "For now, it appears ... E-Verify will be mandatory for all employers in the foreseeable future." Business Immigration: Law & Practice Not only is mandatory E-Verify a part of S. 744, but it is also the subject of numerous other bills recently introduced in Congress. For example, H.R. 478, introduced in February, makes E-Verify permanent and mandatory, and requires every person who hires one or more employees to use E-Verify. S. 202, introduced in January, expands the use of E-Verify and, among other things, requires employers to check the status of current employees within three years and allows employers to run a candidate through E-Verify as part of the application process. Currently, employers (except certain federal contractors) are prevented from using E-Verify for their current workforce and may not use E-Verify until after they have offered, and the candidate has accepted, a job. In addition to the introduced bills mandating E-Verify, the program already has funding. In March, Congress granted U.S. Citizenship and Immigration Services an additional $111 million to fund the E-Verify program, which indicates the importance Congress places on it and signals that E-Verify is here to stay regardless of whether and when comprehensive immigration reform occurs. As of February 2013, more than 430,000 employers were enrolled in E-Verify. If you are already using E-Verify as part of your immigration compliance Elephant in the Room: E-Verify (Seminar) Purchase > Purchase > Preparing Clients for I-9 Audits and Investigations Purchase > Mandatory Compliance Issues Employers Are Ignoring Purchase > program, consider yourself ahead of the curve. If you are not yet using E-Verify, it is only a matter of time. Christine D. Mehfoud is a lawyer with McGuireWoods LLP, and maintains a blog on immigration enforcement via Subject to Inquiry. The author's views do not necessarily represent the views of AILA nor do they constitute legal advice or representation. M AY/ J UNE 2013 11

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