Eight Senators have introduced legislation concerning E-Verify. If passed, it would mandate all employers to use E-Verify, which is typically voluntary.

The legislation is called the Accountability Through Electronic Verification Act (S. 1151). It would permanently authorize the E-Verify program, thus avoiding Congress needing to extend it periodically. It would also require all employers to use E-Verify within one year of its enactment. However, S. 1151 would require immediate mandated E-Verify use from federal contractors and agencies. The penalties for illegally hiring alien workers without appropriate work permits would also increase.

According to S. 1151, employers could use E-Verify before hiring an individual, with the requirement that the individual has agreed to the immediate use. Additionally, it would include a requirement for employers to check the employment eligibility of their current employees within three years. Employers must also re-verify the immigration status of employees whose work authorization expires soon.

E-Verify is a web-based system managed by the U.S. Citizenship and Immigration Services (USCIS). According to the USCIS, over 1.34 million employers have enrolled in the program voluntarily or by mandate. Though typically a system for employers to use voluntarily, some states have begun passing laws requiring some or all employers to use E-Verify in their verification process.

This web-based system allows employers to verify their employees’ work authorization for free. This verification system compares the information the employee provides on their employment eligibility verification (Form I-9) paperwork to two federal government databases: Information from the Social Security Administration and the Department of Homeland Security.

E-Verify started as a pilot program and is generally a voluntary-use platform. However, some state and federal regulations have begun requiring its use. Employers can use it to help ensure compliance with the Immigration Reform and Control Act of 1986. This law makes it illegal to recruit, refer for a fee, or hire an alien in this country while knowing they are an illegal immigrant. The Immigration Reform and Control Act of 1986 also prohibits the continued employment of illegal immigrants once the employer knows of the illegal or lost work authorization status.

It remains uncertain whether S. 1151 will become law. Regardless, all employers must complete the employment eligibility process for new employees. The best way to do this is to use an electronic Form I-9 management tool with E-Verify integration. This tool guides employers through the employment eligibility process and provides digital storage for Form I-9s and related documents.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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