E-Verify
Encyclopedia
E-Verify is an Internet-based, free program run by the United States government that compares information from an employee's Employment Eligibility Verification Form I-9
to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there's a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date. The program is operated by the Department of Homeland Security (DHS) in partnership with Social Security Administration
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According to the DHS website, more than 238,000 employers now use E-Verify. Over 1,400 companies enroll in the program every week.
On 31 August 2007, the program began to include biometric data to help enhance searches. The 14 million images kept by federal immigration authorities are being used in the program, and the government is in talks with some states to cross reference with state drivers license records.
About 5 percent of queries are identified as "not authorized to work". A 2008 Center for Immigration Studies
Backgrounder states that the E-Verify system is 99.5 percent accurate.
Social Security Administration failed to perform required verifications of the Social Security numbers of 19 percent of its own new hires during a 18-month period, according to a January 2010 report from the agency’s inspector general.
from 12 months to 29 months for certain qualifying students with completed U.S. degrees in Science, Technology, Engineering and Mathematics (STEM). In all circumstances, students are only eligible for this extension if their employer participates in the E-verify program. As of 2009, many employers do not participate in E-Verify. Students working for those employers are only given 12 months of OPT, even if they would otherwise qualify for the extension.
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This H-1B visa, however, is capped annually at 65,000 new petitions. In recent years, especially before the 2008–2009 recession, the demand would greatly exceed the quota, and the winners were selected by a lottery. The unpredictability of the lottery has made it difficult for businesses to hire foreign temporary professional workers. The OPT extension is often the only practical way to avoid the lottery. However, employers only qualify for the extension if they use E-verify for all new hires, including U.S. citizens.
's law, as a state law, was pre-empted by Federal law, effectively verifying that states may Constitutionally mandate the use of E-Verify. There are several state laws regarding the requirement and prohibition of E-Verify for employers.
passed a law mandating employers to use E-Verify on new hires.
requires employers to participate in E-Verify: the Legal Arizona Workers Act has survived a number of constitutional challenges, up to and including the US Supreme Court and is currently in effect. The Legal Arizona Workers Act requires all Arizona
employers to use E-verify with all newly hired employees, effective 1 January 2008. As of December 2008, 5.6 percent of Arizona businesses had signed up with E-verify.
Cities considering E-Verify ordinances for businesses for 2011 are Costa Mesa, San Luis Obispo, Santa Maria (for all businesses) Santa Barbara, San Jose however Costa Mesa is the only city that as adapted the same State law as Arizona's SB-1070 allowing the City to arrest under suspicion on no proper identification of resident status.
requires all public employers and government contractors to use E-Verify to verify the work authorization of their newly hired employees.
employers from using E-verify to verify the work authorization of their employees. The United States Department of Homeland Security sued to prevent the law from taking effect as scheduled on 1 January 2008. On 12 March 2009, agreeing with the federal government, the U.S. District Court for the Central District of Illinois ruled that Illinois’ law is invalid under the Supremacy Clause to the U.S. Constitution because it conflicts with the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The case was United States v. Illinois, (No. 07-3261, C.D. Ill., 2009).
employers to use E-Verify with new hires. Mississippi employers with 250 or more employees must comply with the law as of 1 July 2008. The law goes into effect for employers with 100 to 249 employees as of 1 July 2009. Employers with 30 to 99 employees must comply by 1 July 2010. The law is effective for employers with fewer than 30 employees on 1 July 2011.
In November 2010, Lincoln D. Chafee was elected governor with 36% of the vote and will rescind the E-Verify executive order on 5 January 2011.
has passed a law requiring public employers and public contractors employing more than 500 people to use the E-Verify database to electronically check and verify the employment eligibility of new employees, effective 1 January 2009. Every public employer must register and participate in "federal work authorization program to verify the employment authorization of all new employees." See SC Code Section 8-14-20(A). Public employer must also require public contractors and subcontractors to agree to use e-verify or "to employ only workers who" possess or qualify to obtain a SC drivers license or identification card. See SC Code Section 8-14-20(B). The latter requirement applies as follows: "(1) on and after 1 January 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees; (2) on and after 1 July 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and (3) on and after 1 January 2010, with respect to all other contractors, subcontractors, or sub-subcontractors." See SC Code Section 8-14-20(D).
SC Code Section 41-8-20(B) requires that "[o]n and after 1 July 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must ... (1) ... "participate in the E-Verify" [system] ... or "(2) employ only workers who, at the time of employment" have or qualify for a SC driver's license or identification card. SC Code Section 41-8-20(C) extends this requirement to private employers who employ less than one hundred employees on or after 1 July 2010.
Virginia Gov. Robert F. McDonnell said Monday he will move up by 18 months the deadline for state agencies to start checking the legal status of state employees.
The deadline for state agencies to start using the E-Verify system was to be the end of next year, but Mr. McDonnell said the program instead will begin on 1 June.
The American Farm Bureau opposes E-Verify and stated in July that it "could have a significant, negative impact on U.S. farm production, threatening the livelihoods of many farmers and ranchers in labor intensive agriculture."
I-9 (form)
The Employment Eligibility Verification Form I-9 is a U.S. Citizenship and Immigration Services form. It is used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States....
to data from U.S. government records. If the information matches, that employee is eligible to work in the United States. If there's a mismatch, E-Verify alerts the employer and the employee is allowed to work while he or she resolves the problem; they must contact the appropriate agency to resolve the mismatch within eight federal government work days from the referral date. The program is operated by the Department of Homeland Security (DHS) in partnership with Social Security Administration
Social Security Administration
The United States Social Security Administration is an independent agency of the United States federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits...
.
According to the DHS website, more than 238,000 employers now use E-Verify. Over 1,400 companies enroll in the program every week.
History
The program was originally established in 1997 as the Basic Pilot Program along with two other programs created to prevent illegal aliens from getting jobs. The others were discontinued.Operations
All employers, by law, must complete Form I-9. E-Verify is closely linked to Form I-9, but participation in E-Verify is voluntary for most employers. After an employee is hired to work for pay, the employee and employer complete Form I-9. After an employee begins work for pay, the employer enters the information from Form I-9 into E-Verify. E-Verify then compares that information against millions of government records and returns a result.On 31 August 2007, the program began to include biometric data to help enhance searches. The 14 million images kept by federal immigration authorities are being used in the program, and the government is in talks with some states to cross reference with state drivers license records.
About 5 percent of queries are identified as "not authorized to work". A 2008 Center for Immigration Studies
Center for Immigration Studies
The Center for Immigration Studies is a non-profit research organization that advocates Immigration reduction in the United States. Founded in 1985, its executive director is Mark Krikorian. As a 501 organization, it is subject to limits or absolute prohibitions on engaging in political...
Backgrounder states that the E-Verify system is 99.5 percent accurate.
Federal government
As of September 2007, most of the federal government did not use the system when hiring employees, but an Office of Management and Budget directive mandates that all federal government agencies sign up to use E-Verify by 1 October 2007.Social Security Administration failed to perform required verifications of the Social Security numbers of 19 percent of its own new hires during a 18-month period, according to a January 2010 report from the agency’s inspector general.
Federal contractors
As of 8 September 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility of 1) Employees performing direct, substantial work under those federal contracts and 2) New hires organization-wide, regardless of whether they are working on a federal contract. A federal contractor or subcontractor who has a contract with the FAR E-Verify clause also has the option to verify the company's entire workforce.OPT extension for students
In April 2008, U.S. government extended the duration of post-completion work authorization (the "Optional Practical Training" (OPT))from 12 months to 29 months for certain qualifying students with completed U.S. degrees in Science, Technology, Engineering and Mathematics (STEM). In all circumstances, students are only eligible for this extension if their employer participates in the E-verify program. As of 2009, many employers do not participate in E-Verify. Students working for those employers are only given 12 months of OPT, even if they would otherwise qualify for the extension.
H-1B visa
An alternative temporary work authorization used to some college graduates sponsored by U.S. employers is the H-1B visaH-1B visa
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations...
.
This H-1B visa, however, is capped annually at 65,000 new petitions. In recent years, especially before the 2008–2009 recession, the demand would greatly exceed the quota, and the winners were selected by a lottery. The unpredictability of the lottery has made it difficult for businesses to hire foreign temporary professional workers. The OPT extension is often the only practical way to avoid the lottery. However, employers only qualify for the extension if they use E-verify for all new hires, including U.S. citizens.
State laws
In 2011, the Supreme Court of the U.S. struck down a lawsuit contending that ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
's law, as a state law, was pre-empted by Federal law, effectively verifying that states may Constitutionally mandate the use of E-Verify. There are several state laws regarding the requirement and prohibition of E-Verify for employers.
Alabama
The state of AlabamaAlabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
passed a law mandating employers to use E-Verify on new hires.
Arizona
The state of ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
requires employers to participate in E-Verify: the Legal Arizona Workers Act has survived a number of constitutional challenges, up to and including the US Supreme Court and is currently in effect. The Legal Arizona Workers Act requires all Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
employers to use E-verify with all newly hired employees, effective 1 January 2008. As of December 2008, 5.6 percent of Arizona businesses had signed up with E-verify.
California
In 2011, California passed an act to prohibit municipalities from mandating use of E-Verify. Over 15 municipalities had required use of E-Verify, for all businesses and/or companies doing business with the local government, including Mission Viejo (2007), Temecula (ordinance 5.06.030) (2010), Murrieta (ordinance Chapter 5.04) (2010), Riverside, Santa Maria (only for city employees), Lake Elsinore (Ordinance No. 1279) (2010), Wildomar (only for contractors) (2010), Lancaster (Ordinance No. 934), Palmdale, San Clemente, Escondido, Menifee, Hemet, San Juan Capistrano, Hesperia, Norco, San Bernardino County, Rancho Santa Margarita, and Simi Valley.Cities considering E-Verify ordinances for businesses for 2011 are Costa Mesa, San Luis Obispo, Santa Maria (for all businesses) Santa Barbara, San Jose however Costa Mesa is the only city that as adapted the same State law as Arizona's SB-1070 allowing the City to arrest under suspicion on no proper identification of resident status.
Colorado
Passed in 2006, H.B. 1343 requires prospective contractors use E-Verify to ensure legal work status of all employees. In 2008, S.B. 193 was passed requiring contractors with state contracts to use E-Verify. The effective date for SB 193 was 6 August 2008.Georgia
GeorgiaGeorgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
requires all public employers and government contractors to use E-Verify to verify the work authorization of their newly hired employees.
Illinois
Section 12(a) of the Illinois Right to Privacy in the Workplace Act prohibits IllinoisIllinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
employers from using E-verify to verify the work authorization of their employees. The United States Department of Homeland Security sued to prevent the law from taking effect as scheduled on 1 January 2008. On 12 March 2009, agreeing with the federal government, the U.S. District Court for the Central District of Illinois ruled that Illinois’ law is invalid under the Supremacy Clause to the U.S. Constitution because it conflicts with the federal Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The case was United States v. Illinois, (No. 07-3261, C.D. Ill., 2009).
Mississippi
The Mississippi Employment Protection Act requires all MississippiMississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
employers to use E-Verify with new hires. Mississippi employers with 250 or more employees must comply with the law as of 1 July 2008. The law goes into effect for employers with 100 to 249 employees as of 1 July 2009. Employers with 30 to 99 employees must comply by 1 July 2010. The law is effective for employers with fewer than 30 employees on 1 July 2011.
Rhode Island
In March 2008, Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify. Proposed legislation is pending.In November 2010, Lincoln D. Chafee was elected governor with 36% of the vote and will rescind the E-Verify executive order on 5 January 2011.
South Carolina
South CarolinaSouth Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
has passed a law requiring public employers and public contractors employing more than 500 people to use the E-Verify database to electronically check and verify the employment eligibility of new employees, effective 1 January 2009. Every public employer must register and participate in "federal work authorization program to verify the employment authorization of all new employees." See SC Code Section 8-14-20(A). Public employer must also require public contractors and subcontractors to agree to use e-verify or "to employ only workers who" possess or qualify to obtain a SC drivers license or identification card. See SC Code Section 8-14-20(B). The latter requirement applies as follows: "(1) on and after 1 January 2009, with respect to contractors, subcontractors, or sub-subcontractors of five hundred or more employees; (2) on and after 1 July 2009, with respect to contractors, subcontractors, or sub-subcontractors of one hundred or more employees but less than five hundred employees; and (3) on and after 1 January 2010, with respect to all other contractors, subcontractors, or sub-subcontractors." See SC Code Section 8-14-20(D).
SC Code Section 41-8-20(B) requires that "[o]n and after 1 July 2009, all private employers of one hundred or more employees who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must ... (1) ... "participate in the E-Verify" [system] ... or "(2) employ only workers who, at the time of employment" have or qualify for a SC driver's license or identification card. SC Code Section 41-8-20(C) extends this requirement to private employers who employ less than one hundred employees on or after 1 July 2010.
Utah
The state of Utah has passed a E-Verify mandate requires all private employers who employ more than 15 or more employees as of 1 July 2010, to use a “status verification system” to verify the employment eligibility of new employees.Virginia
Virginia’s E-Verify law requires only state agencies to enroll in the E-Verify Program by 1 December 2012 and thereafter begin using the system for all new hires. As originally passed by the House, the bill would have also included public contractors, localities, and employers with 15 or more employees. That version was ultimately pared down to its current form. The Senate also changed the effective date from 1 December 2010 to 1 December 2012.Virginia Gov. Robert F. McDonnell said Monday he will move up by 18 months the deadline for state agencies to start checking the legal status of state employees.
The deadline for state agencies to start using the E-Verify system was to be the end of next year, but Mr. McDonnell said the program instead will begin on 1 June.
Criticism
The program has been called inaccurate, though the error rate, currently around 8 percent, is decreasing, as many of the errors came from changing last names after marriage, or not informing the government of changes in citizenship status.The American Farm Bureau opposes E-Verify and stated in July that it "could have a significant, negative impact on U.S. farm production, threatening the livelihoods of many farmers and ranchers in labor intensive agriculture."
External links
- U.S. Citizenship and Immigration Services E-Verify Website
- DHS E-Verify web page
- FAIR E-Verify Talking Points
- EPIC Spotlight on Surveillance article Electronic Privacy Information Center. An article describing defects, problems, and dangers of the E-Verify system and its use.