Sec. 201. Mandatory employment authorization verification
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Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following , except that the E-Verify Program described in section 403(a) shall be a permanent program . Subject to paragraphs
(2)and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify Program, established by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence. The following entities must satisfy the requirement in paragraph
(1)by not later than one year after the date of the enactment of this Act: Each department and agency of the Federal Government. A contractor that— has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 ( 41 U.S.C. 351(b)(1) ) applies, and any subcontractor under such contract; or has entered into a contract exempted from the application of such Act by section 6 of such Act ( 41 U.S.C. 356 ), and any subcontractor under such contract. An employer that employs more than 250 individuals in the United States. Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph
(1)by not later than two years after the date of the enactment of this Act. All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph
(1)by not later than three years after the date of the enactment of this Act. All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph
(1)by not later than four years after the date of the enactment of this Act. Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States. In accordance with section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ), a person or entity that establishes that it has complied in good faith with the requirements of section 274A(b) of such Act with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated section 274A(a)(1)(A) of such Act with respect to such hiring, recruiting or referral. Furthermore an employer who has complied with the requirements in paragraphs
(1)and
(4)of this Act shall not be liable for hiring an unauthorized alien, if— such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and the employer terminates the employment of the alien upon being informed of the error. The failure of an employer to comply with the requirements in paragraphs
(1)or
(4)shall— be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and create a rebuttable presumption that the employer has violated section 274A(a)(1)(A). Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph
(1)pursuant to paragraph
(2)or
(3)from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees. No State may prohibit a person or other entity from using the E-Verify program to verify the employment authorization of new hires or current employees. V erify study The Congress finds as follows: A majority of the 0.4 percent of tentative non-confirmations that are issued within E-Verify to work authorized individuals occur due to incorrect or outdated information in the databases utilized by the system. For instance, an individual may have changed his or her name legally but has not updated their Social Security information to account for this change. This person would likely receive a tentative non-confirmation if their work eligibility were checked using E-Verify. E-Verify already provides employers and employees with simple and clear instructions on how inconsistencies in data can be corrected in order to verify the work eligibility of an employee. However, giving an individual the ability to verify his or her own employment eligibility in advance of an official E-Verify query by an employer would allow that individual to correct data errors at his or her convenience. This may also serve to lessen peak demand on Social Security Administration field offices. The Government Accountability Office shall conduct a study to examine the potential of a secure method of allowing individuals to check their own work eligibility, so that they can address inconsistencies in their personal data that might otherwise cause them to be issued a tentative non-confirmation by E-Verify. The study shall be published within 6 months after the date of enactment of this Act. The Government Accountability Office shall conduct a study to examine methods to combat document fraud, theft and forgery in the use and expansion of the E-Verify program. The report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud, theft and forgery. The report shall be published within six months after enactment of this Act.
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U.S. Code
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- Pub. L. 104-208
- 41 USC 351(b)(1)
- 41 USC 356
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Sec. 201
Mandatory employment authorization verification
Pub. L.Pub. L. 104-208
Cite41 USC 351(b)(1)
Cite41 USC 356
Cites 4Cited by 0 across 0 sources