Sec. 902. Modification of E–Verify Program
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/bill/116/hr/8838/ih/section-902·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(b)of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by striking the last sentence. The first sentence of section 402(a) of such Act is amended to read as follows: Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E–Verify Program. . Paragraph
(1)of section 402(b) of such Act is amended by adding at the end the following: If a person or other entity is participating in the E–Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals. . Subparagraph
(A)of section 402(c)(2) of such Act is amended to read as follows: Any electing person or other entity may provide that the election under subsection
(a)shall apply (during the period in which the election is in effect)— to all its hiring (and all recruitment or referral); to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be). . Subsection
(a)of section 403 of such Act is amended— in the matter preceding paragraph (1), by inserting or continued employment in the United States after United States ; and in paragraph (3)— in subparagraph (A), by striking all that follows (as specified by the Secretary of Homeland Security) and inserting after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals). ; and in subparagraph (B), by striking such 3 working days and inserting the specified period . Section 402(c)(2) of such Act is amended by adding at the end the following: A person or other entity that elects to participate in the E–Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404. .
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Sec. 902
Modification of E–Verify Program
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