Proposed Changes to E-Verify

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The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program.1  USCIS’ Supporting Statement provides that the proposed changes are aimed at assisting employers with preventing document fraud and with electronically verifying the employment authorization of employees with expiring temporary work authorization.2  

If the proposed changes are approved, significant revisions to current E-Verify procedures would include:

  • Implementation of optional direct email communication to employees with pending Tentative Nonconfirmations (TNC) that would provide case status updates and courtesy reminders to ensure timely action.
  • Adding reverification functionality to E-Verify, which employers would be required to use in all cases where reverification is necessary.
  • Updates to the current E-Verify Memorandum of Understanding outlining employer and Department of Homeland Security obligations to effect the new procedures.

The last public comments regarding the proposed changes were accepted June 20, 2016.  USCIS may amend the proposed changes in response to public comments prior to Office of Management and Budget (OMB) review of the proposed changes.  Upon OMB approval, USCIS will effectuate the proposed changes.

 

 

1 USCIS’ notice of proposed changes and public comment period is available at https://www.uscis.gov/news/alerts/uscis-seeks-comments-proposed-changes-e-verify.

2 USCIS’ Supporting Statement is available at https://www.regulations.gov/document?D=USCIS-2007-0023-0081.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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