FOR MORE ON E-VERIFY:
"For now, it appears ... E-Verify will
be mandatory for all employers in
the foreseeable future."
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
Elephant in the Room: E-Verify (Seminar)
Preparing Clients for I-9 Audits
Mandatory Compliance Issues
Employers Are Ignoring
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