On June 8, 2015 USCIS released the details of proposed major changes to the E-Verify program. The notice, found here, proposes several major changes to the E-Verify program and seeks public comments until August 7, 2015. These changes will affect all employer users, including Federal Acquisition Regulation (FAR) contractors.
The main three main changes are:
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Requirement that employers re-verify the continuing work authorization of employees within three "Employer" days of the expiration of the employee's "last" grant of work authorization.
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This requirement tracks the current continuing duty of employers to re-verify expiring work authorization of employees using Section 3 of the I-9 form or by completing a new I-9.
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It differs from the I-9 process in that the E-Verify time frame for re-verification of the employment authorization is three days after its expiration. The I-9 regulations however, require that an employer re-verify the expiring work authorization of an employee on or before the day it expires. The proposed process cannot be started until after the expiration of the employment authorization.
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The re-verification requirement extends to employees hired before an employer began participating in the E-Verify program. To that effect, the proposed change would require that employers re-verify an employee's expiring work authorization regardless of whether they have previously created an E-Verify case for that employee or not. This again differs from the current E-Verify program rules that explicitly prohibit an employer verifying the work authorization of employees hired before the employer began participating in the program (with the notable exception of FAR E-Verify employers).
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Requirement that employers print the re-verification confirmation page and retain it along with an employee's I-9 records or record the re-verification case number on the employee's I-9 Form.
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Provides a mechanism for employees to seek review of Final-Nonconfirmations issued by E-Verify.