E-Verify

News & Analysis as of

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to...

United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for...

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more

Summer Hires

This summer it’s expected that temporary workers will fill roughly 10,000 summer jobs, many of which will be in the hospitality industry. Before filling any of your seasonal positions, it’s worth reviewing a few cautionary...more

The Importance of Complying with E-Verify Requirements

Thousands of employers use E-Verify – a voluntary computer system provided to employers by the United States Citizenship and Immigration Service (USCIS) that allows employers to verify the employment eligibility of...more

OCAHO Finds E-Verify Participation Does Not Provide Blanket Protection

E-Verify is the internet based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

Is Your Business At Risk For Damages And Civil Money Penalties Based On Violations Stemming From Improper I-9 And E-Verify...

Executive Summary: The Office of Special Counsel for Immigration-Related Discrimination (OSC) within the Civil Rights Division of the U.S. Department of Justice (DOJ) has made it a priority to pursue employers who allegedly...more

Employee Identity Theft - Responses and Obligations

You have done all of your work, you have completed the I-9, carefully checked all of the appropriate documents, utilized e-verify, done your background checks and suddenly you have that sinking feeling in the pit of your...more

Form I-9 Guidance for Refugees and Asylees

The Office of Refugee Resettlement (ORR) within the Department of Homeland Security (DHS) and the Office of Special Counsel of the Department of Justice (DOJ) issued a joint State Letter on employment eligibility requirements...more

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9...

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection - On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their...more

U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more

Immigration Compliance In An Era Of Worksite Enforcement

In This Presentation: - A Look Back at 2013 - Where Do We Go From Here? - What Is This H-1B Cap Stuff? - Why Immigration Reform Is Not Imminent - What About Form I-9 And E-Verify? - Enforcement On The...more

How Do I Correct My Immigration Records After Resolving a Tentative Non-confirmation?

E-Verify compares information from an employee's Form I-9, Employment Eligibility Verification, to information compiled from various government agencies. If the information matches, the employee is eligible to work in the...more

“New Jersey Job Protections Act” Would Require Use Of E-Verify By New Jersey Employers

In January 2014, both the Senate and Assembly introduced bills (S354 and A101) that would require all New Jersey employers to use the federal “E-Verify” system to check the employment eligibility of each new hire, within 90...more

E-Verify: Enrollment Up, But DHS Is on the Prowl for Misuse

The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled...more

Potential Problems with the New E-Verify Security Enhancements

E-Verify is a voluntary computer system provided to employers by USCIS that allows employers to electronically verify the employment eligibility of newly-hired employees. E-Verify can only be used to check new hires, must be...more

E-Verify Growth Continues

According to a recent report from USCIS, more than 500,000 companies now use E-Verify. E-Verify is the online service that allows employers to confirm their new employees’ eligibility to work. ...more

House GOP Leadership Signals Support for Mandatory Employment Verification and More Visas for Skilled Workers

U.S. employers should take note of the House GOP’s announcement on January 30, 2014, because it could signal a move towards mandatory participation in E-Verify and an increase in the number of visas available to foreign...more

The Increasing Importance of Using E-Verify as Part of Your Employment Compliance Plan

On January 23, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that more than 500,000 companies now use E-Verify. E-Verify is an internet-based system that allows employers to verify a new hire’s work...more

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