E-Verify is system that electronically verifies the employment eligibility of newly hired employees.
E-Verify is a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA). U.S. Citizenship and Immigration Services (USCIS) oversees the program.
E-Verify allows participating employers to electronically compare employee information taken from the Form I-9 (the paper-based employee eligibility verification form used for all new hires) against more than 425 million records in SSA's database and more than 60 million records in DHS immigration databases.
ABC and its members are strong opponents of the employment of unauthorized workers and has been a vocal advocate for comprehensive immigration reform. ABC also supports the E-Verify program as it was enacted by Congress in 1996 and subsequently reauthorized, i.e., a voluntary program expressly limited to the verification of social security numbers of new employees.
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On Septemeber 12, 2011, Chairman Lamar Smith (R-TX) of the House Judiciary committee introduced the Legal Workforce Act . Essentially this bill mandates E-Verify for all employers with the following provisions:
- Two year phase in for employers with less than 20 employees.
- Safe harbor provision, which will protect employers from prosecution or penalties when they act in good faith when using E-Verify.
- Federal preemption language that will better allow employers to conduct business across state lines without being in constant conflict with state or local laws that mandate verification for employment eligibility purposes.
- The toll-free telephonic option for those unable to access the system electronically.
H.R. 2885 passed out of the House Judicary committee with a 22-13 vote.