Changes to E-Verify coming on June 13.

USCIS is rolling out changes to E-Verify, including a redesigned web page, on June 13. In the words of CIS

Big changes are coming to E-Verify in June that will enhance its usability, security, accuracy and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. A new home page, a reimagined case alerts feature, improved case management and a streamlined tutorial are among the dozens of improvements coming to E-Verify.

Check out the new E-Verify Redesign section of the E-Verify website at www.uscis.gov/e-verify_redesign to learn more about what’s coming and how to prepare. The new section highlights several of the exciting new features and offers information on how to get a sneak preview in June before the site launches.

Although not clear from the CIS website, the American Immigration Lawyers Association (AILA) advises that employer MUST attend one of the free webinars before they can use E-Verify for new employees.

CIS feels that the new E-Verify has the following advantages:

• Simplified case management.
• Easier employment verification.
• New case results and case alert (for cases needing attention) features.
• Improved procedures for closing a case.
• Ability to see the memorandum of Understanding (MOU) online.
• Simplified terms.

For more information on E-Verify, see my prior blog postings here.

DHS plans to enhance E-verify.

DHS has publicized initiatives to enhance the E-verify program here. The initiatives include:

(1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;

(2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and

(3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.

The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.

For more information on E-Verify, see my prior blog posts here.

OSC Winter 2010 newsletter

The Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has published its Winter 2010 newsletter here. The OSC, in the Justice Department’s Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of US immigration law. Employers are obliged to obey immigration laws by hiring only authorized workers, however they also must not violate anti-discrimination laws when hiring or firing workers.  

The Winter 2010 mewsletter explains the OSC's recent enforcement activity, E-Verify updates,  interagency collaboration, and other topics.

E-Verify Manual Online Link.

As I have discussed in prior blog postings, the requirement that certain federal contractors use E-Verify took effect on September 8, 2009. USCIS has a comprehensive user manual for employers available online here.

Federal Contractor E-verify mandatory today

Despite last-minute appeals and lawsuits to delay its implementation, the FAR (Federal Acquisition Regulation) rule takes effect today. The rule requires contractors to use an electronic system (E-verify) to verify whether their employees are eligible to work in the U.S.

The E-Verify requirement would apply to federal contracts with a performance period longer than 120 days and a value over $100,000. The rule covers subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the rule extends the E-Verify requirement to subcontracts for services or for construction with a value over $3,000.

Employers who would like more information are encouraged to sign up for the free webinars being hosted by DHS: link.

For more details, see the prior blog posts here.

Wall Street Journal article: http://online.wsj.com/article/SB125236773673291025.html

DHS offering free webinars on employer compliance issues

The Department of Homeland Security (DHS) is offering free 1.5 hour webinars on various dates, covering employer compliance topics. The webinars will include a topic overview, demonstration of the E-Verify system if applicable, and a question and answer session.

Attendees will have the opportunity to learn about the E-Verify program and its proper use as well as other select topics. The overview will allow participants to receive a full understanding of the program and key features. The webinars will cover the following topics:

• Form I-9, Employment Eligibility Verification
• E-Verify
• FAR E-Verify.

Registration for the webinars is required, and more details are here.

FAQs on E-Verify

The National Conference of State Legislatures has published a document with frequently-asked questions about e-verify: http://www.ncsl.org/?tabid=13127.

The FAQs answer the following questions

• What is Basic Pilot/E-Verify?
• When and how was it created?
• When will E-Verify expire?
• How does E-Verify work?
• What is the current usage and capacity?
• How well does E-Verify work?
• How is it enforced?
• What is required of federal contractors?
• What states currently address the use of E-Verify?

Although the document purports to have been updated on June 30, 2009, some information is out-of-date, so be careful using it. For example, the FAQs say that the requirement for federal contractors to use e-verify has been "delayed until February 20." In fact, that delay is now September 8, 2009, as noted here and here.

Federal Contractor E-verify rule delayed until June 30, 2009

What is E-Verify?

E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

Background to the new rule:

President George W Bush issued an executive order in 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government do business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.

The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until June 30, 2009.

Who is affected?

The rule will only affect federal contractors who are awarded a new contract after June 30 that includes the Federal Acquisition Regulation (FAR) E-Verify clause (73 FR 67704). Federal contractors may NOT use E-Verify to verify current employees until the rule becomes effective and they are awarded a contract that includes the FAR E-Verify Clause.

What contracts are included?

The E-Verify requirement would apply to federal contracts with a performance period longer than 120 days and a value over $100,000. The rule covers subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the rule extends the E-Verify requirement to subcontracts for services or for construction with a value over $3,000.

See USCIS FAQs on E-Verify

Previous E-verify post

USCIS updates the E-verify requirement for federal contractors, to start 1/15/09

On November 13, 2008, the USCIS (formerly INS) updated their website regarding new E-verify requirements starting in 2009. Federal contractors and subcontractors will be required to begin using the USCIS’ E-Verify system starting Jan. 15, 2009, to verify their employees’ eligibility to legally work in the United States. The new rule implements a June 2008 Executive Order directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States. Federal contracts awarded and solicitations issued after Jan. 15, 2009, will include a clause committing government contractors to use E-Verify.

More details are on the CIS website: http://www.uscis.gov/files/article/FAR_13Nov08.pdf and CIS FAQs are here: http://tinyurl.com/5e5lhl.