As we previously reported here, the Los Angeles Times has reported here that the Immigration and Customs Enforcement ("ICE") agency, the largest investigative agency in the Department of Homeland Security ("DHS") is conducting a crackdown on employers that knowingly hire or retain undocumented workers. Alleged violators are being prosecuted in Federal court by the United States Attorney.
Employers seeking to reduce the likelihood of unknowingly hiring undocumented workers can also enroll in the DHS' E-Verify program, "an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of that employee to work in the United States." The DHS notes that the E-Verify is for most employers "voluntary and limited to determining the employment eligibility of new hires only. There is no charge to employers to use E-Verify."
The U.S. Citizenship and Immigration Services ("USCIS") will launch a redesigned E-Verify website, June 13, 2010, which the USCIS states will enhance E-Verify's "usability, security, accuracy and efficiency." E-Verify is an internet-based system that compares information contained on an applicant's or employee's Form I-9, Employment Eligibility Verification form to data kept by the DHS and Social Security Administration records to confirm eligibility for employment.
The newly redesigned E-Verify website will feature "a clean and modern design, easy and intuitive navigation, and clear and simple language." The USCIS states also that the redesigned site will include a new home page, a new case alerts feature, improved case management, a streamlined tutorial, and other improvements.
According to the USCIS, current users of E-Verify can use their existing user IDs and passwords, and existing user data will remain available. However, existing users will be required to complete an approximately 20-minute tutorial to learn about the changes to the site.
To prepare for the new site, the USCIS recommends E-Verify participants:
- Watch two "How to" videos, which demonstrate how to create a case, and how to respond to a tentative nonconfirmation.
- Download the new user manuals and quick reference guides to become familiar with how to use E-Verify. USCIS states updated publications will be available in early June, but, at the time of this post, updated publications were not yet available.
- Attend the USCIS's preview webinars.
- Partner
Jonathan Judge heads the Private Labor and Employment Group’s Advice and Counsel Team of attorneys. He represents clients, large and small, in employment advice and counsel matters including wage and hour, leaves of absence, and ...
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