Archive for the ‘E-Verify’ Tag

E-Verify Compliance: Final Phase 2013

map of U.S.Georgia and North Carolina will implement the final phase of their respective E-verify programs.

Effective July 1st, 2013, all private employers in Georgia with 11 or more employees are required to use E-verify to confirm employment eligibility for New Hires. According to Georgia law, HB 87, employers found in violation will be subject to imprisonment up to 12 months and/or a fine of up to $1,000.

 Likewise, North Carolina employers with 25 or more employees must verify employment using E-verify. For the first violation, the North Carolina Commissioner will order the employer to file a signed sworn affidavit within three business days stating that the employer has requested a verification of work authorization through E-verify. Failure to submit the affidavit may result in a fine of $10,000. For the second violation, the employer is required to pay a civil penalty of $1,000, regardless of the number of employees in violation. On the third violation, the employer is required to pay $2,000 for each employed, unauthorized alien in violation.

 E-verify Implementation Timeframe

 Georgia  

  • Effective 01/01/12: Mandatory participation for private employers with 500 or more employees.
  • Effective 07/01/12: Mandatory participation for private employers with 100-499 employees.
  • Effective 07/01/13: Mandatory participation for private employers with 11-99 employees.

 North Carolina

  • Effective 10/01/12: Mandatory participation for employers with 500 or more employees.
  • Effective 01/01/13: Mandatory participation for employers with 100-499 employees.
  • Effective 07/01/13: Mandatory participation for employers with 25-99 employees.

 What is E-Verify?

E-Verify is an Internet-based system operated by the Federal government that allows participating employers to verify electronically the employment eligibility of their newly hired employees. E-Verify is operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) via the U.S. Citizen and Immigration Services (USCIS) website.

To use E-Verify, an employer is required to register online and accept the electronic Memorandum of Understanding (MOU), which specifies the responsibilities of the SSA, USCIS and the employer. E-Verify also features a new Photo Screening Tool, which will allow an employer to validate the photo on each new hire’s Employment Authorization Document (EAD) or Permanent Resident Card (“Green Card”) against the images stored in DHS immigration databases.

Mandatory E-verify Compliance for Private Employers (2013)

 

  • Alabama
  • Arizona
  • Georgia
  • Louisiana
  • Mississippi  
  • North Carolina
  • South Carolina
  • Tennessee
  • Utah
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More States Enact Mandatory E-verify Legislation

A growing number of States recently passed legislation regarding the use of employment eligibility verification. At least six States passed new employment-related immigration bills including Alabama, Georgia, Indiana, Tennessee, Utah and Virginia. According to the National Conference of State Legislatures, State Legislators introduced 279 employment-related immigration measures during the first quarter of 2011. The surge in employment eligibility legislation has created a sense of ambiguity for employers attempting to navigate through changes and maintain compliance.

What is E-verify

Employment Eligibility Verification (E-Verify) is a web-based system operated by the Federal government that allows participating employers to verify electronically the employment eligibility of their newly hired employees. E-Verify is operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) via the U.S. Citizen and Immigration Services (USCIS) website. On June 14, 2011, Congress introduced the Workforce Act of 2011 (H.R. 2164), which  requires all employers to use E-verify and disregard I-9 immigration status reform.  Until there is a comprehensive Federal Immigration law enacted, State legislation governs compliance.

Best Practice Solutions

Federal Law mandates the use of E-Verify is voluntary but most State Immigration bills require Public employers and State contractors to use E- verify to confirm employment status. States including Arizona, Delaware, Georgia, Indiana, Mississippi, and South Carolina made E-verify a mandatory procedure for all employers. To maintain compliance, employers should use Best Practices including:

  • Research State Immigration Legislation for all states in which you operate business.
  • Employers that contract with states or municipalities should use E-verify as evidence of compliance with Federal Immigration Legislation.
  • Check the U.S Citizenship and Immigration Services website:www.uscis.gov for new developments and changes.
  • Employers should display E-Verify Participation Posters in their workplace to inform the employees of their legal rights and protections.