In view of the fact that understanding the “Three-Day Rule” and determining the hire dates for completing Form I-9 and E-Verify are not always clear and simple for employers, the U.S. Citizenship and Colonization Air force (USCIS) has extra an vital update to their E-Verify website that attempts to clarify both the definition of a “hire date” and the timing requirements for when employers are expected to perfect Section 2 of the Employment Eligibility Form I-9 and when to E-Verify employees.

While there is much overlap linking Form I-9, Employment Eligibility Verification, and E-Verify requirements, USCIS addressed the ‘Three-Day Rule’ as it applies to E-Verify after receiving lots of questions about what to select for the E-Verify hire date with the addition of the ‘Three-Day Rule’ screen in the redesigned E-Verify website. According to the ‘Three-Day Rule’ as clarified on the USCIS website, an E-Verify case is considered late if an employer makes it “later than the third business day after the employee first started work for pay.” 

According to the USCIS E-Verify website, to comply with the law for completing the Form I-9 and E-Verify:

• The earliest employers may perfect Form I-9 is after the employee has accepted an offer of employment.
• The latest employers may perfect Form I-9 is the third business day after the employee started work for pay.
• The earliest employers may make a case in E-Verify is after the employee has accepted an offer of employment and the Form I-9 is perfect.
• The latest employers may make a case in E-Verify is the third business day after the employee started work for pay and the Form I-9 is perfect.

Under these new guidelines, the USCIS has effectively total the Section 2 and E-Verify deadline by a full business day, from three days to four in view of the fact that the first paid day of work is not included in the ‘Three-Day Rule.’ For further clarification, the USCIS E-Verify website even gives the following example:

“If the employee starts work for pay on Monday, the third business day after the employee started work for pay is Thursday (assuming all days were business days for the employer).  The first day the employee starts work for pay is not included in the three business day calculation.”

In addition, the USCIS realizes the term “hire date” in E-Verify is confusing because its meaning can vary depending on when the employee starts work for pay and the date the case is made in E-Verify. In determining the E-Verify “Hire Date,” the USCIS suggests the following:

• If an employee makes the case in E-Verify before the employee starts work for pay, then the E-Verify hire date is the date the employee made the case in E-Verify.
• If an employee makes the case in E-Verify on or after the employee starts work for pay, then the E-Verify hire date is the date the employee started work for pay.

USCIS considers an E-Verify case late if an employer makes it later than the third business day after the employee first started work for pay. When questioned why their E-Verify case is late, employers can either select one of the following reasons provided or enter their own:

• Awaiting Social Security Number
• Technical Problems
• Check Revealed that New Hire Was Not Run
• Federal Contractor with FAR E-Verify Clause verifying an existing employee (This reason is showed only to an establishment enrolled in E-Verify as a “Federal Contractor with FAR E-Verify Clause.”)
• Other (If this reason is selected, employer must enter a reason in 200 or fewer characters and should not include any personally identifiable or sensitive in rank such as Social Security numbers).

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate I-9 form errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.

 Sources:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c00b59cca6149210VgnVCM100000082ca60aRCRD&vgnextchannel=d4abfb41c8596210VgnVCM100000b92ca60aRCRD

According to a report in the New York Times, the U.S. Colonization and Customs Enforcement (ICE) has levied a record $3 million in civil fines so far in 2010 on employers that hired unauthorized staff not with permission eligible to work in the country.

Unlike the colonization raids and work-site roundups well loved during the previous administration, the Times reports the Obama administration favors a quieter enforcement approach that involves federal agents auditing a company’s employee records for illegal immigrant staff, which usually result in the illegal staff being fired by employers.

Over the past year, ICE has conducted audits of employee records – called “silent raids” by some employers – at extra than 2,900 companies, the Times reports, and thousands of those staff have been fired, immigrant groups estimate. Although ICE leaves it up to employers to give somebody their cards staff whose documents cannot be validated, the audits still force businesses not wanting to risk prosecution to give somebody their cards every suspected illegal worker on payrolls, and not just those working at the time of a raid, according to the Times report.

Due to the shift in the approach used to uncover illegal staff in U.S., an colonization law consultant quoted in the Times tale clarified that “instead of hundreds of agents going after one company, now one agent can go after hundreds of companies.” In the tale, ICE states that the goal of the audits is to make “a culture of compliance” among employers, so businesses need to avoid committing labor abuses and colonization violations – whether knowingly or unknowingly – or risk fines, penalties, and even jail.

In view of the fact that ICE auditors may inspect a company’s Employment Eligibility Verification forms – also known as I-9 forms, which all new hires in the country must fill out – employers need to make sure all employees on payroll are with permission eligible to work in the country. Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate I-9 form errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.

Source:

http://www.nytimes.com/2010/07/10/us/10enforce.html?_r=2&emc=eta1

Utah and Virginia have recently passed bills mandating E-Verify participation and requiring certain employers to use the E-Verify Electronic Employment Eligibility Verification to check the work eligibility of new hires in the United States.

In Utah, as of July 1, 2010, the Private Employer Verification Act requires all private employers with 15 or extra employees to use a “status verification system” – broadly defined to include E-Verify, the Social Security Number Verification Service (SSNVS), or other DHS-approved systems – to verify the employment eligibility of new employees.

According to Utah’s E-Verify law – which exempts new hires on the H-2A or H-2B seasonal visas – as long as the E-Verify system indicates the employee is work authorized, employers observing the law will be shielded from civil liability for the unlawful hiring of an undocumented worker. In addition, an employer may not be held accountable for refusing to hire an individual E-Verify indicated was not work authorized.

Meanwhile, Virginia’s E-Verify law (HB 737) requires only disorder agencies to enroll in the E-Verify Program by December 1, 2012 – total from the original effective date of December 1, 2010 – and for these agencies to thereafter use the E-Verify Program for all newly hired employee who is to perform work within the Commonwealth.

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify electronic employment eligibility verification system, visit http://www.esrcheck.com/formi9.php.

Sources:

http://le.utah.gov/~2010/bills/sbillint/sb0251.htm

http://leg1.disorder.va.us/cgi-bin/legp504.exe?101+sum+HB737

On June 24, 2010, a mandatory mass modification – or “Mass Mod” – was issued requiring all U.S. General Air force Administration/Federal Supply Air force (GSA/FSS) contracts to include the most recent standard contract clauses, capture exceptions, and incorporate E-Verify into all contracts, according to the GSA.gov website.

E-Verify – a emancipated, web-based Electronic Employment Eligibility Verification system –  requires federal contractors to electronically verify the employment eligibility of employees working on federal contracts in the United States by comparing in rank from paper Employment Eligibility Verification (“I-9”) Forms to data in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.

E-Verify implements Executive Order 12989, and subsequent Federal Acquisition Regulation (FAR) rule, to demand federal contractors to electronically verify the employment eligibility of employees working on federal contracts in the United States. The E-Verify modification incorporates FAR clause 52.222-54, Employment Eligibility Verification (January 2009), into all FSS contracts unless certain exceptions apply.

According to GSA.gov, so-called “Mass Mods” are initiated by the regime when uniform changes to large numbers of GSA/FSS contracts are required, and are generally identical for all recipients unless there are contract-specific changes. Examples of Mass Mods include solicitation refreshes and the addition of contract requirements.

Contractors with a GSA/FSS contract are affected by this Mass Mod and must now verify the employment authorization of new employees and certain categories of existing employees with E-Verify. But, issues regarding compliance with E-Verify may be complicated and the consequences for violations of E-Verify can be severe, including the loss of federal contracts, civil penalties, and suspension from regime contracting.

Some employers needing to comply with  E-Verify may use a designated third party agent to help them with E-Verify compliance. One such authorized E-Verify Designated Agent – leading national background check provider Employment Screening Resources (ESR) – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce.

With over 200,000 employers currently using E-Verify and many believing that E-Verify should be mandatory, E-Verify Designated Agents ESR are helping businesses with the E-Verify process. For extra in rank about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.

Source: https://vsc.gsa.gov/eVerify_baseline_mod.pdf

According to a report on TDN.com, (The Daily News Online), officials in Lewis County, Washington have approved a pledge requiring all contractors hired by the county for $100,000 or above to verify the employment eligibility of their staff through the regime’s E-Verify Electronic Employment Eligibility Verification system.

E-Verify – a emancipated, Internet-based system used to determine if employees are with permission eligible to work in the county – compares the names of staff with their Social Security numbers and verifies in rank on the Employment Eligibility Verification forms (“I-9” forms) employees must fill out against Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.

TDN.com reports that Lewis County was already using E-Verify for contractors paid with federal funding, as mandated by a federal ruling, and also that the county auditor recently started using E-Verify to check the citizenship status of new county staff.

But, some critics felt the $100,000 threshold mandating E-Verify usage was too high, saying contractors using illegal staff would still be able to bid up to $99,999 on county projects without having to use the E-Verify Electronic Employment Eligibility Verification system, TDN.com reported.

With over 200,000 employers currently using E-Verify and many believing that E-Verify should be mandatory, E-Verify Designated Agents are helping businesses with in the employment eligibility verification process. Employment Screening Resources (ESR) – a leading national background check provider and authorized E-Verify Designated Agent – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce.

For extra in rank about the E-Verify Electronic Employment Eligibility Verification system, visit http://www.esrcheck.com/formi9.php.

Source:

http://tdn.com/news/disorder-and-regional/article_5087aea2-7e4f-11df-ba97-001cc4c03286.html

The U.S. Citizenship and Colonization Air force (USCIS) – the regime agency that oversees with permission recognized colonization to the United States – has announced that “huge changes” are coming to E-Verify on June 13 that will enhance the electronic employment eligibility verification system’s “usability, security, accuracy, and efficiency.”

According to ‘E-Verify Redesign’ web page at www.uscis.gov/e-verify_redesign, the newly redesigned E-Verify will feature a clean and modern top, simple and intuitive navigation, and clear and simple language. Some new features of E-Verify – a emancipated, Internet-based system that verifies in rank on an I-9 form against regime databases to see if the employee is with permission eligible to work in the U.S. – will include:

• Home Page: E-Verify’s new look home page welcomes users by name and displays user IDs and last login dates and times to enhance security. The new E-Verify home page also features: an E-Verify User Manual link; a new ‘case alerts feature’ to alert users when they are required to pocket action or when there is an update in the status of a case; and an superior E-Verify news section.
• Simple as 1-2-3: Most verifications of an employee’s employment eligibility with the redesigned E-Verify demand only three steps. The process of entering the employee’s Form I-9 in rank has been streamlined to make it simpler and reduce typos and other mistakes that regularly cause tentative nonconfirmations.
• Case Results: The redesigned E-Verify features “can’t-miss case” results showed prominently on screen. Only the last four digits of Social Security numbers are showed on screen for extra privacy and security.
• Close Case: The redesigned E-Verify features simple-to-follow steps to closing a case – the last step in the verification process – with clear directions to guide users.

With over 200,000 employers currently using E-Verify and many believing that E-Verify should be mandatory, E-Verify Designated Agents are helping in the employment eligibility verification process. Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce.

For extra in rank about the E-Verify electronic employment eligibility verification system, visit http://www.esrcheck.com/formi9.php.

Sources:

www.uscis.gov/e-verify_redesign

http://www.esrcheck.com/wordpress/1739/former-ins-ice-heads-agree-e-verify-should-be-mandatory-for-employers

Two former heads of the Colonization and Naturalization Service (INS) and the Colonization and Customs Enforcement (ICE) appearing together on a National Public Telephone system (NPR) program agreed that the the E-Verify electronic employment eligibility verification system should be mandatory for U.S. employers, according to a transcript of the telephone system show available on NPR’s website.  

Appearing on NPR’s “Have a discussion Of The Nation” telephone system program with host Neal Conan, Doris Meissner, former INS Commissioner under President Clinton, and Julie Myers Wood, former Assistant Secretary of ICE under President Bush, were discussing the topic of colonization enforcement when the subject of E-Verify – a emancipated, Internet-based system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows employers to check in rank provided by employees on their I-9 Form electronically against records in DHS and SSA databases – came up.

Responding to a caller saying that employers have been able to spot Social Security numbers of staff for some years, Wood said E-Verify – which was initially called Basic Pilot in Commissioner Meissner’s time – has made substantial progress over the past couple of years and has evolved into a program that over 200,000 employers are using to check whether a name and Social Security number match and also, in the case of foreign nationals, to check the picture that’s used on a particular identification card.

“One of the things that many reckon would help is to make E-Verify mandatory,” Wood extra. “And I reckon the Obama administration should be commended for pushing forward with a Bush administration rule that requires federal contractors to be on E-Verify, and that is greatly expanding the number of employers that do get on E-Verify.”

When Conan questioned former INS commissioner Meissner whether E-Verify should be mandatory, Meissner responded: “A system like E-Verify should be mandatory. Until it is, we won’t have the kind of ability to enforce the law against employers that we need.” Meissner later extra: “Congress has to act. It’s got to be legislated to make it mandatory.”

In terms of encouraging employers to join E-Verify, Wood observed that very large companies are mandating for their subcontractors to join E-Verify. “In the case of a very large grocery store, for example, you have tens of thousands of subcontractors that have joined E-Verify just so they don’t lose their huge contracts.”

The full transcript of the program is available at: http://www.npr.org/templates/tale/tale.php?storyId=127562577

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify electronic employment eligibility verification system, visit http://www.esrcheck.com/formi9.php.

Source: http://www.npr.org/templates/tale/tale.php?storyId=127562577

Noting that polling shows Americans reckon colonization laws need reform but Congress has yet to translate national sentiment into action, the leading voice of the American Meat Industry (AMI) – the nation’s oldest and largest meat and poultry trade association – believes the reauthorization and improvement of the online employment verification system E-Verify could be a huge step forward for comprehensive colonization reform.

In a guest editorial in the Austin (TX) American-Statesman – “The Importance of Employment Verification” – AMI President and CEO J. Patrick Boyle notes “E-Verify is the only electronic data-based system available to ensure that employers hire only those authorized to work in the United States” and that “like a merchant can swipe a credit card when a hold is made – and that hold is either authorized or not – E-Verify allows employers to verify the social security numbers of new employees after they are hired.”

Among the key points that Boyle makes in the commentary concerning the importance of employment verification and E-Verify – an Internet-based system run by the U.S. Department of Homeland Security (DHS) using regime databases – are:

• E-Verify can be the grounding of border control in view of the fact that the system helps prevent undocumented staff from obtaining U.S. jobs, thus lowering the enticement for those staff to sneak into the county or overstay their expired visas.
• E-Verify can curb possible discrimination against staff by putting the onus on the federal regime to either grant or withhold permission for new employees to work after employers send data to E-Verify for employment verification.
• E-Verify can prevent the “Catch-22” situation U.S. employers face daily under current law – they can be fined if they hire an undocumented worker but also can be subjected to civil civil Civil rights charges if they probe an employee too much without cause – by taking the guesswork out of the hiring and offering employers a “safe harbor” from such prosecutions when E-Verify becomes mandatory.
• E-Verify can help the tens of millions of unemployed Americans and legal residents by ensuring their jobs are not taken by undocumented staff or that certain employers don’t undercut their wages by hiring undocumented staff.

According to Boyle, the AMI recently questioned Congress to mandate E-Verify use after urging industry-wide use for a decade. But, E-Verify needs changes including enhancing its room to eliminate border fraud, addressing a growing number of disorder and local laws, and phasing in any mandatory E-Verify system use over several years to allow smaller companies time to adapt.

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate errors, improve the accuracy of their reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about the E-Verify employment verification system, visit http://www.esrcheck.com/formi9.php.

Source:

http://www.statesman.com/opinion/boyle-the-importance-of-employment-verification-703919.html

The U. S. Citizenship and Colonization Service (USCIS) has issued a revised list of Regularly Questioned Questions (FAQ) regarding the E-Verify Federal Contractor Rule and the Federal Acquisition Regulation (FAR) clause calling for the use of the E-Verify verification system. The revised FAQ can be reached by clicking here.

The E-Verify Federal Contractor Rule requires the insertion of the FAR E-Verify clause into applicable Federal contracts, which requires Federal contractors to use E-Verify to verify the employment eligibility of their new hires and all employees (existing and new) assigned to a Federal contract and performing work under a qualifying Federal contract.

E-Verify – a emancipated, Internet-based system operated by the Department of Homeland Security (DHS) and USCIS in partnership with the Social Security Administration (SSA) – allows employers to verify the employment authorization of their employees by read-through in rank provided by employees on their Employment Eligibility Verification (I-9) Form electronically against records in DHS and SSA databases.

The FAQ on the USCIS website pocket up what Federal contracts are affected by the FAR clause, what employees are impacted by the FAR clause, in rank regarding the initiation of E-Verify inquiries, and how the FAR clause impacts subcontractors.

The FAQ clarifies what types of Federal contracts are exempt from the E-Verify Federal Contractor Rule. A contract is considered exempt if one or extra of the following apply:

• It is for fewer than 120 days;
• It is valued at less than $100,000, the simplified acquisition threshold;
• All work is performed outside the United States, and/or;
• It includes only commercially available off-the-shelf (COTS) items and related air force.

According to the USCIS website, a COTS item is a commercial off-the-shelf item that is sold in substantial quantities in the commercial marketplace and is offered to the regime in the same form that is available in the commercial marketplace.

Employers may also use an ‘E-Verify Designated Agent’ to be their E-Verify service provider and help them in maintaining Form I-9/E-Verify compliance. The Designated Agent uses E-Verify to verify the employment authorization for their clients’ employees. 

Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate SSA mismatch letters, improve the accuracy of wage and tax reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about E-Verify, please visit http://www.esrcheck.com/formi9.php.

Source:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=30edde1d67ee4210VgnVCM100000082ca60aRCRD&vgnextchannel=534bbd181e09d110VgnVCM1000004718190aRCRD

Arizona Governor Jan Brewer has signed a controversial law that would demand police officers to question anyone that they have reason to believe may be in the country illegally, while also directing employers to keep verification records of employee work eligibility through the E-Verify electronic eligibility verification system and make it a felony crime for failing to use E-Verify.

As reported on AZCentral.com, the signing of Senate Bill 1070 into law has led to mad protests, threats of future legal challenges, and even criticism from President Barack Obama himself. The Arizona Senate had passed the bill a few days before the Governor had signed it. The law should go into effect in early May, according to AZCentral.com, 90 days after the current legislative session ends.

While the bill addresses a range of issues relating to illegal aliens and illegal colonization – including making it a crime for illegal immigrants to work or solicit work in Arizona and requiring Arizona law enforcement to make a reasonable attempt “when practicable” to determine the colonization status of a person if reasonable suspicion exists that the person is in the U.S. illegally – Senate Bill 1070 also:

• Directs employers to keep verification records of their employees’ work eligibility through E-Verify, and;
• Establishes a class 3 felony for failing to: a) verify employment eligibility through E-Verify or b) keep records of verifications.

Besides the strict new laws on E-Verify usage, Senate Bill 1070 also “stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally use an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so” and “states that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to hide their identities.”

The U.S. Colonization and Customs Enforcement (ICE) – an investigative branch of the Department of Homeland Security (DHS) and the primary power for enforcing colonization laws – has recently focused extra on worksite audits of employee records, including the Employment Eligibility Verification form (“I-9 Form”), as a way to curb illegal colonization.  Employers can risk possible fines, penalties, and jail time if they do not comply with certain I-9/E-Verify regulations.

Employment Screening Resources (ESR), an authorized E-Verify Designated Agent, can help employers in virtually eliminating SSA mismatch letters, improving the accuracy of wage and tax reporting, protecting jobs for authorized staff, and in maintaining a legal workforce. For extra in rank about E-Verify, please visit http://www.esrcheck.com/formi9.php.

Sources:

http://www.azcentral.com/news/articles/2010/04/23/20100423arizona-colonization-law-passed.html

http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf