On April 17th, 2013, the Senate’s “Gang of Eight” (Sens. Charles Schumer, John McCain, Richard Durbin, Lindsey Graham, Robert Menendez, Marco Rubio, Michael Bennet, and Jeff Flake) introduced their bill: the Border Security, Economic Opportunity, and Immigration Modernization Act, S.744. Although much of the immigration debate is controversial, there is one mandate of particular importance to employers that seems to have across the aisle support. That mandate is the requirement for all employers to use E-Verify to assist them in determining the eligibility of employees to work in the United States. E-Verify has to back from powerful lobby groups such as the U.S. Chamber of Commerce and the National Association of Home-builders. Also, it is receiving bipartisan support from conservatives such as Rep. Lamar Smith (R-Texas) and Rep. Steve King (R-Iowa) as well as President Barack Obama. In March, Congress granted additional funding to the E-Verify employment verification system which indicates Congress’ support and signals E-Verify is here to stay regardless of the passage of the S.744 bill.
E-Verify, S.744, and How it Pertains to You
E-Verify is an Internet-based employment verification system that is administered by the Department of Homeland Security. The system requires employers to input employee information from the I-9 form. This information is then compared to that contained in DHS and Social Security Administration databases to determine if an employee is authorized to work in the United States. E-Verify provides verification to 98.7 percent of queries within three seconds.
S.744 will mandate the use of E-Verify for every employer. The bill provides a phased-in approach over a period of five years after the enactment, the schedule would be as follows:
- Employers with more 5,000 employees will be phased in within two years
- Employers with more than 500 employees will be phased in within three years
- ALL Employers, including agricultural employers, will be phased in within four years
|View U.S. State E-Verify Map|
Even more, failure to verify work authorization through E-Verify after the mandatory enrollment date raises a presumption that the employer knowingly hired an unauthorized worker, which could trigger audits and/or penalties.
As of April 2013, the use of E-Verify employment verification system is on the rise. Several states have mandated the use of E-Verify for all employers. In addition, the federal government requires the use of E-Verify for many federal contractors. If you are currently using E-Verify, consider yourself ahead of the game. If you have not started using E-Verify it may be time to consider it.
Justifacts Can Help
Justifacts is a recognized “Employer Agent” for the E-Verify program. As an employer agent, Justifacts is able to process E-Verify requests for any participating employer. Justifacts has designed a Paperless I-9 System that seamlessly integrates with the E-Verify employment verification system. Our clients enjoy the ability to utilize this I-9/E-Verify system as part of a package or as a stand-alone service.
If you would like more information on E-Verify and how Justifacts can help, please feel free to contact us at (800) 356-6885 or email us at firstname.lastname@example.org.
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