DHS has released some modifications to the FAR E-Verify enrollment, introducing 2 options to choose from when enrolling for the first time or when updating your profile on the ‘Maintain Company’ page, as follows:

◦ Federal Contractor with E-Verify Clause

◦ Federal Contractor without E-Verify Clause

If you selected the ‘Federal Contractor’ designation when you enrolled or updated before September 8^th, you will notice that your designation has been changed to either Federal Contractor without (if you signed up before 9/8/09 and did not take the refresher tutorial or the Federal Contractor tutorial) or with E-Verify Clause if you enrolled in either refresher tutorial.

If you selected Federal Contractor after September 8^th, you are now designated as a Federal Contractor with E-Verify Clause.

The new director of U.S. Citizenship and Immigration Services said today he wants to emphasize public engagement, transparency and information technology modernization of the immigration agency during his term.

To meet those goals, Alejandro Mayorkas said he has created a new Office of Public Engagement and is debuting a new, interactive Web site Sept. 22 that will allow for public feedback on agency policy and proposals. The updated Web site also will allow for greater ease of use and more access to information about pending requests and applications.

USCIS’ involvement with community stakeholders “should be more of a collaborative effort, engaged and interactive,” Mayorkas said. “We want to have the community involved at a level where we can understand what we are doing well — and what we are doing wrong.”

Another high priority is moving forward on implementing the next stages of the USCIS’ information technology transformation project, which will digitize the agency’s paper-based records systems, Mayorkas said. The project was started in 2005 and is expected to cost more than $500 million.

Mayorkas, a Cuban immigrant, was sworn in Aug. 24 to head the nation’s immigration and naturalization systems. He previously served as U.S. Attorney for the Central District of California and was a partner at the O’Melveny and Myers law firm.

Take a look at our very informative Update and review of the regulation and resources for your tool box. If you’re not signed up to receive our poddcasts and NewsFLASHES please do so.

We are always available for consultation.  If you are seeking competent immigration counsel for your compliance matters, contact us

Immigration Solutions has both the expertise and the legal counsel to walk you through the complex and challenging compliance rules and regulations that are being enforced today.  We link to our Compliance page and to an E-Verify Timeline for Federal Contractors to implement if their organization is awarded a federal contract.

The steps that federal contractors are now required to implement are extremely time-sensitive.  It is recommended that you confer with your immigration provider to make sure that you are properly implementing and adhering to the new E-Verify regulations that go into effect on September 8, 2009.  This does not mean, however, that federal contractors will be required to comply with the E-Verify requirements of the rule as of that date as per our Timeline Chart.

September 8th is the date on which federal government contracting officers will be required to begin including an E-Verify requirement in certain contracts awarded on or after that date.

We will continue to report on this and to provide clear and up-to-date information.  If you’d like to become a client of Immigration Solutions, please contact us.

The date is just about upon us, subject to the US District Court’s ruling on US Chamber of Commerce v. Napolitano, in which a coalition of business groups is suing the government to enjoin implementing a regulation that would require certain federal contractors and their subcontractors to use E-Verify.  The Judge is expected to issue his ruling in the case in approximately 1 week.

So, what will be expected if these requirements are implemented?  Federal contracts will begin to use new language requiring the use of E-Verify to verify the employment eligibility of all new hires, as well as existing employees who work on the federal contract.  This will apply to contractors with a performance period longer than 120 days and a value over $100,000.  Service or construction subcontracts of a covered contract would also be required to include the E-Verify clause, if the value of the subcontract is over $3,000.

The Senate approved an amendment to the FY 2010 DHS Appropriations Bill that codifies a federal contractor’s obligation to use E-Verify, but without the above-mentioned parameters and exemptions.  If the amendment becomes law, it would limit DHS’ ability to implement the federal contractor E-Verify rule as it now exists.  Both chambers of Congress are scheduled to meet in September to agree on a final package.  We are not sure if the E-Verify amendment will be included or not at this time.

Immigration Solutions will continue to monitor the FAR developments. If you have any questions about this or any other compliance issues, please contact us for more information at info@immigrationsolution.net or 1 562.612.3996.  Here is a link to our compliance services and solutions.

Michigan to consider E-Verify bills on August 19th that would require employers in Michigan to use E-Verify.  H.R. 4355 would require contractors and sub-contractors to utilize the E-Verify system to confirm the employment eligibility of new employees.  H.R. 4969 would prohibit employment agencies from referring candidates to public agencies without first verifyig the candidate’s employment eligibility through E-Verify.

Two Michigan counties have already approved mandates for local contractors.

:::

Colorado to adopt employment verification regulations: HB 06S-1017) requires that all public and private employers who transact business in Colorado affirm, in written or electronic copy, that it has (1) examined the legal work status of the new employee; (2) retained file copies of the employee’s identification and work authorization documents; (3) not altered or falsified the documents presented by the employee; and (4) not knowingly hired an unauthorized foreign worker.  The employer must make the affirmation within 20 days after hiring the new employee.  The proposed rules include all of the provisions listed above while also defining in detail various audit procedures and applicable fines for noncompliance.

::::

DHS to publish a proposal to rescind Social Security No-Match: In tomorrow’s proposal, DHS outlines the basis for its policy change, including a detailed description of E-Verify improvements, new worksite enforcement and community outreach efforts that it will be implementing in the near future. In particular, DHS’s worksite enforcement strategy now includes a restructured process for worksite administrative fines, a debarment policy that prevents employers from receiving Federal contracts when they are in violation of worksite laws, and a Document and Benefit Fraud Task Forces (DBFTF) cooperative to combat the vulnerabilities exploited by identity and document fraud organizations.  We link to the Federal Register rule.  Comments are accepted for 30 days.

Momentum appears to be growing for legislation that would require all employers, not just federal contractors, to use the E-Verify system to confirm that their employees are eligible to work in the United States.

E-Verify is a Web-based system that allows employers to check the Social Security and visa numbers submitted by workers against government databases. More than 137,000 employers now use the system, which approves 97 percent of workers in a few seconds.

Beginning Sept. 8, federal contractors will be required to use E-Verify to confirm that new hires and current employees working on federal contracts are authorized to work in the U.S. The requirement also will apply to most subcontractors.

Many members of Congress want to expand E-Verify to all employers, as a way to end the “jobs magnet” for illegal immigration. This “could open up thousands of American jobs to workers with legal status,” said Rep. Heath Shuler, D-N.C.

We link to the Business Weekly article.

…Considering I-9 electronic reporting and tracking?  Then join us on 7/29/09 for a free audio conference with one of the leading I-9 electronic storage providers and Inc.500 winner, along with a member of our Employer Compliance team.

For the Event Announcement:  http://www.docstoc.com/docs/8780911/i-9-Event-Announcement
Tor RSVP:  info@immigrationsolution.net

We look forward to meeting up with you!

DHS announced today that it supports the FAR E-Verify regulation for federal contractors to enroll in E-Verify as of 9/8/09.  This means that most federal contractors and subcontractors will be required to enroll in E-Verify.  Secretary Napolitano also announced DHS’ intention to rescind the Social Security No-Match regulation that would have sent “no-match” letters to 140,000 US employers.  The notices would have warned companies to resolve discrepancies or fire workers within 90 days or face criminal charges.

For more on this

124,000 employers in the USA are enrolled in E-Verify, with 10,000 of them in California.  In this climate of workplace enforcement, it’s not surprising that 1,000 employers are signing up every week.  E-Verify is a web-based identification program that enables employers to check whether an employee is authorized to work.  More on this story …