USCIS released details of proposed new changes to the E-Verify program on June 8, 2015 that were published this week.  The notice, found here, proposes several changes to E-Verify and seeks public comments until August 7, 2015 and links to new Q&A.   These changes will affect all employer users, including Federal Acquisition Regulation (FAR) contractors.

The three critical changes entail:

1)  Requirement that employers re-verify the continuing work authorization of employees within three “Employer” days of the expiration of the employee’s “last” grant of work authorization.

a)  This requirement tracks the current continuing duty of employers to re-verify expiring work authorization of employees in Section 3 of the I-9 form or, in the alternative, to complete a new I-9.

b)  This differs from the I-9 process in that the E-Verify time frame for re-verification of the employment authorization is three days after its expiration, whereby the I-9 regulations state that an employer re-verify the expiring work authorization of an employee on or before the day it expires. In E-Verify, the proposed process cannot be started until after the expiration of the employment authorization.

c)  The re-verification requirement extends to employees hired before an employer began participating in the E-Verify program. Thus, the proposed change would require that employers re-verify an employee’s expiring work authorization regardless of whether they have previously created an E-Verify case for that employee or not. This again differs from the current E-Verify program rules that explicitly prohibit an employer verifying the work authorization of employees hired before the employer began participating in the program (with the exception of FAR E-Verify employers).

2)  Requirement that employers print the re-verification confirmation page and retain it along with an employee’s I-9 records or record the E-Verify re-verification case number on the employee’s I-9 Form.

3)  Provides a process for employees to seek review of E-Verify Final-Nonconfirmations.

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Immigration Compliance Group provides US inbound visa services to individuals and employers throughout the USA and abroad. We specialize in business immigration and have a depth of experience in the IT, healthcare, arts, entertainment and sports industries, amongst others. Our services include complex business visas for investors, multinational managers, skilled professionals, outstanding individuals of high achievement and PERM Labor Certification. We additionally provide employer compliance consulting services on proper I-9 (Employment Eligibility Verification) management, auditing, training, and work with our clients to develop a culture of immigration compliance.

As follows:

•Georgia: Companies employing more than 10 persons must register for E-Verify by July 1, 2012.
•North Carolina: Companies employing more than 100 persons must be registered for and using the E-Verify system on January 1, 2013.
•Pennsylvania: State contractors and sub-contractors must register for E-Verify beginning January 1, 2013 – but only if the project is greater than $25,000.
•Tennessee: Companies employing more than 5 persons must register and begin using E-Verify by January 1st.

Businesses within the above 4 states will need to collect an employee’s Social Security number and E-Verify all candidates before employing.

For more on E-Verify by state, we link here, compliments of LawLogix (www.lawlogix.com).

USCIS has updated and revised the E-Verify manuals for both Employers and Federal Contractors.

The new manuals reflect recent changes to the E-Verify website and offer additional guidance and clarification. Employers or their agents who use E-Verify, federal contractors who have the Federal Acquisition Regulation (FAR) E-Verify clause in their contracts, and employers considering using E-Verify should become familiar with the new manuals.

Note that there are some new FAQ’s with detailed instructions for FAR contractors that have the FAR E-Verify clause in their contracts.  Also, note that web service developers have until December 2010 to add the required functionality from the June 2010 E-Verify redesign.

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We find in our I-9 audit practice that  most employers have problems with their I-9 documentation and that if discovered by ICE during an audit, would cost them thousands of dollars in fines.  We also find that most employees charged with handling I-9’s have never received any formal training.  If you are aware that your I-9’s have problems, we urge you to not ignore it.  Please take a look at our services and solutions.  Our talented and knowledgeable compliance team can discuss the following with you:

• Full onsite or offsite I-9 audit with analysis and report of most common and prevalent issues and instructions as to how to correct your I-9 forms
• A partial onsite or offsite I-9 Audit with analysis and report of most common and prevalent issues and instructions as to how to correct your I-9 forms
• I-9 Compliance Training on the laws that govern I-9 processing and management with specific training on most common and prevalent issues
• A training program that will teach you how to perform your own I-9 Audit
• The drafting and implementation of an I-9 Policy and Procedure Manual

You can contact our office here.

The government contracting official decides if your contract qualifies for the E-Verify clause and if you meet the following criteria:

• The contract was awarded on or after the Federal contractor rule effective date of September 8, 2009 and includes the FAR E-Verify clause
• The contract has a period of performance that is more than 120 days
• The contract’s value exceeds the simplified acquisition threshold of $100,000
• At least some portion of the work under the contract is performed in the United States

What if you use Subcontractors?

All subcontractors must also verify all existing employees directly performing work under the covered contract. Contractors will need to include a clause for a subcontractor if they meet the following criteria:

• Is for commercial or non-commercial services or construction
• Exceeds $3,000; and
• Includes work performed in the United States

We have a talented team of attorneys and specialists to assist you with pre-Everify audits, reporting and training to get you ready for enrollment. Call us to arrange a consultation today.  562 612.3996.  Our Compliance Services and Solutions: http://www.immigrationsolution.netemployer_compliance_services_solutions.php

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.