Am I complying with applicable laws requiring E-Verify use?
E-Verify is an online service administered by the federal government that allows employers to run information about new hires through Department of Homeland Security and the Social Security Administration databases to attempt to verify work authorization.
In the absence of comprehensive federal immigration reform, and particularly in the face of high levels of unemployment, states and local governments are stepping hard into the employment verification debate. A number of states, counties and municipalities have passed laws that mandate use of the otherwise voluntary E-Verify program.
E-Verify laws warrant a close and careful look by all employers to determine when, if and how E-Verify mandates may affect them. Employers already using E-Verify should confirm they are making any necessary updates to their program use to meet state requirements (for example, adding hiring sites in affected states, if they are currently only using E-Verify in other locations).
Currently only certain federal contractors are required to use E-Verify under federal law. More expansive legislation that would require E-Verify use by all employers has been introduced in both the House and the Senate, but such federal requirements are not currently in effect.
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