From Wikipedia, the free encyclopedia E-Verify
E-Verify
E-Verify is an Internet-based, free program run by the
United States government that compares information
Mandated use
from an employee’s Employment Eligibility Verification
Form I-9 to data from U.S. government records. If the in- Federal government
formation matches, that employee is eligible to work in As of September 2007, most of the federal government
the United States. If there’s a mismatch, E-Verify alerts did not use the system when hiring employees, but an Of-
the employer and the employee is allowed to work while fice of Management and Budget directive mandates that
he or she resolves the problem; they must contact the ap- all federal government agencies sign up to use E-Verify
propriate agency to resolve the mismatch within eight by 1 October 2007.[9]
federal government work days from the referral date.[1] Social Security Administration failed to perform re-
The program is operated by the Department of Homeland quired verifications of the Social Security numbers of 19
Security (DHS) in partnership with Social Security Ad- percent of its own new hires during a 18-month period,
ministration. according to a January 2010 report from the agency’s in-
According to the DHS website, more than 238,000 em- spector general.[10]
ployers now use E-Verify. Over 1,400 companies enroll in
the program every week.[2] Federal contractors
As of 8 September 2009, employers with federal contracts
or subcontracts that contain the Federal Acquisition Reg-
History ulation (FAR) E-Verify clause are required to use E-Verify
to determine the employment eligibility of 1) Employees
The program was originally established in 1997 as the Ba- performing direct, substantial work under those federal
sic Pilot Program along with two other programs created contracts and 2) New hires organization-wide, regardless
to prevent illegal aliens from getting jobs.[3] The others of whether they are working on a federal contract. A fed-
were discontinued. eral contractor or subcontractor who has a contract with
the FAR E-Verify clause also has the option to verify the
Operations company’s entire workforce.[11]
All employers, by law, must complete Form I-9. E-Verify OPT extension for students
is closely linked to Form I-9, but participation in E-Verify
is voluntary for most employers. After an employee is In April 2008, U.S. government extended the duration of
hired to work for pay, the employee and employer com- post-completion work authorization (the "Optional Prac-
plete Form I-9. After an employee begins work for pay, tical Training" (OPT)) from 12 months to 29 months for
the employer enters the information from Form I-9 into certain qualifying students with completed U.S. degrees
E-Verify. E-Verify then compares that information in Science, Technology, Engineering and Mathematics
against millions of government records and returns a re- (STEM). In all circumstances, students are only eligible
sult.[4] for this extension if their employer participates in the E-
On 31 August 2007, the program began to include bio- verify program. As of 2009, many employers do not par-
metric data to help enhance searches. The 14 million im- ticipate in E-Verify. Students working for those employ-
ages kept by federal immigration authorities are being ers are only given 12 months of OPT, even if they would
used in the program, and the government is in talks with otherwise qualify for the extension.
some states to cross reference with state drivers license
records.[3][5][6] H-1B visa
About 5 percent of queries are identified as "not au- An alternative temporary work authorization used to
thorized to work".[7] A 2008 Center for Immigration Stud- some college graduates sponsored by U.S. employers is
ies Backgrounder states that the E-Verify system is 99.5 the H-1B visa. This H-1B visa, however, is capped annual-
percent accurate.[8] ly at 65,000 new petitions. In recent years, especially be-
fore the 2008–2009 recession, the demand would greatly
exceed the quota, and the winners were selected by a lot-
tery. The unpredictability of the lottery has made it diffi-
cult for businesses to hire foreign temporary profession-
1
From Wikipedia, the free encyclopedia E-Verify
al workers. The OPT extension is often the only practical tors with state contracts to use E-Verify. The effective
way to avoid the lottery. However, employers only quali- date for SB 193 was 6 August 2008.[36]
fy for the extension if they use E-verify for all new hires,
including U.S. citizens. Georgia
Georgia requires all public employers and government
State laws contractors to use E-Verify to verify the work authoriza-
tion of their newly hired employees.[37]
In 2011, the Supreme Court of the U.S. struck down a law-
suit contending that Arizona’s law, as a state law, was Illinois
pre-empted by Federal law, effectively verifying that
Section 12(a) of the Illinois Right to Privacy in the Work-
states may Constitutionally mandate the use of E-Veri-
place Act prohibits Illinois employers from using E-verify
fy.[12] There are several state laws regarding the require-
to verify the work authorization of their employees.[38]
ment and prohibition of E-Verify for employers.
The United States Department of Homeland Security
Alabama sued to prevent the law from taking effect as scheduled
on 1 January 2008.[39] On 12 March 2009, agreeing with
The state of Alabama passed a law mandating employers the federal government, the U.S. District Court for the
to use E-Verify on new hires.[13] Central District of Illinois ruled that Illinois’ law is invalid
under the Supremacy Clause to the U.S. Constitution be-
Arizona cause it conflicts with the federal Illegal Immigration Re-
The state of Arizona requires employers to participate form and Immigrant Responsibility Act (IIRIRA). The case
in E-Verify: the Legal Arizona Workers Act has survived a was United States v. Illinois, (No. 07-3261, C.D. Ill.,
number of constitutional challenges, up to and including 2009).[40]
the US Supreme Court[14] and is currently in effect. The
Legal Arizona Workers Act requires all Arizona employ- Mississippi
ers to use E-verify with all newly hired employees, effec- The Mississippi Employment Protection Act requires all
tive 1 January 2008.[15] As of December 2008, 5.6 percent Mississippi employers to use E-Verify with new
of Arizona businesses had signed up with E-verify.[15] hires.[41][42] Mississippi employers with 250 or more em-
ployees must comply with the law as of 1 July 2008.[42]
California The law goes into effect for employers with 100 to 249
In 2011, California passed an act to prohibit municipal- employees as of 1 July 2009.[42] Employers with 30 to 99
ities from mandating use of E-Verify.[16] Over 15 mu- employees must comply by 1 July 2010.[42] The law is ef-
nicipalities had required use of E-Verify,[17] for all busi- fective for employers with fewer than 30 employees on 1
nesses and/or companies doing business with the local July 2011.[42]
government, including Mission Viejo[18] (2007), Temec-
ula[19][20] (ordinance 5.06.030) (2010), Murrieta[21][22][23] Rhode Island
(ordinance Chapter 5.04) (2010), Riverside,[24] Santa In March 2008, Governor Carcieri issued an executive or-
Maria[25][26] (only for city employees), Lake Elsinore[27] der requiring executive agencies to use E-Verify; and for
(Ordinance No. 1279)[28] (2010), Wildomar[29] (only for all persons and businesses, including grantees, contrac-
contractors) (2010), Lancaster[30] (Ordinance No. 934), tors and their subcontractors and vendors to use E-Veri-
Palmdale, San Clemente, Escondido, Menifee, Hemet, San fy.[43] Proposed legislation is pending.
Juan Capistrano, Hesperia, Norco, San Bernardino Coun- In November 2010, Lincoln D. Chafee was elected gov-
ty, Rancho Santa Margarita, and Simi Valley.[17] ernor with 36% of the vote and will rescind the E-Verify
Cities considering E-Verify ordinances for businesses executive order on 5 January 2011.[44]
for 2011 are Costa Mesa,[31] San Luis Obispo, Santa
Maria[32] (for all businesses) Santa Barbara, San Jose how- South Carolina
ever Costa Mesa[33][34][35] is the only city that as adapted
South Carolina has passed a law requiring public employ-
the same State law as Arizona’s SB-1070 allowing the City
ers and public contractors employing more than 500 peo-
to arrest under suspicion on no proper identification of
ple to use the E-Verify database to electronically check
resident status.
and verify the employment eligibility of new employees,
Colorado effective 1 January 2009.[45][46] Every public employer
must register and participate in "federal work authoriza-
Passed in 2006, H.B. 1343 requires prospective contrac- tion program to verify the employment authorization
tors use E-Verify to ensure legal work status of all em- of all new employees." See SC Code Section 8-14-20(A).
ployees. In 2008, S.B. 193 was passed requiring contrac- Public employer must also require public contractors and
2
From Wikipedia, the free encyclopedia E-Verify
subcontractors to agree to use e-verify or "to employ on- marriage, or not informing the government of changes in
ly workers who" possess or qualify to obtain a SC dri- citizenship status.[5]
vers license or identification card. See SC Code Section The American Farm Bureau opposes E-Verify and
8-14-20(B). The latter requirement applies as follows: "(1) stated in July that it "could have a significant, negative
on and after 1 January 2009, with respect to contractors, impact on U.S. farm production, threatening the liveli-
subcontractors, or sub-subcontractors of five hundred or hoods of many farmers and ranchers in labor intensive
more employees; (2) on and after 1 July 2009, with respect agriculture."[51]
to contractors, subcontractors, or sub-subcontractors of
one hundred or more employees but less than five hun-
dred employees; and (3) on and after 1 January 2010, with
References
respect to all other contractors, subcontractors, or sub- [1] "Resolving a tentative nonverify". 2011-02-06.
subcontractors." See SC Code Section 8-14-20(D). http://www.uscis.gov/vgn-ext-templating/v/
SC Code Section 41-8-20(B) requires that "[o]n and af- index.jsp?vgnextoid=017bfb41c8596210VgnVCM100000b92ca60aR
ter 1 July 2009, all private employers of one hundred or Retrieved 6 Jun 2010.
more employees who are required by federal law to com- [2] "DHS – E-verify". 2009-04-19. http://www.dhs.gov/
plete and maintain federal employment eligibility veri- files/programs/gc_1185221678150.shtm. Retrieved
fication forms or documents must ... (1) ... "participate 5 May 2011.
in the E-Verify" [system] ... or "(2) employ only workers [3] ^ "U.S. Department of Homeland Security Fact
who, at the time of employment" have or qualify for a Sheet". Department of Homeland Security.
SC driver’s license or identification card. SC Code Section 2007-08-09.
41-8-20(C) extends this requirement to private employ- http://www.smartbusinesspractices.com/
ers who employ less than one hundred employees on or legal_everifyfaq.php. Retrieved 2 November 2007.
after 1 July 2010. [4] "U.S. Citizenship and Immigration Services
Companion to Form I-9". 2010-04-12.
Utah http://www.uscis.gov/portal/site/uscis/
The state of Utah has passed a E-Verify mandate[47] re- menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/
quires all private employers who employ more than 15 or ?vgnextoid=b4059589cdb76210VgnVCM100000b92ca60aRCRD&vgn
more employees as of 1 July 2010, to use a “status veri- Retrieved 5 May 2010.
fication system” to verify the employment eligibility of [5] ^ Franklin, Stephen (2007-09-25). "Fighting the
new employees. flood of phony IDs". Chicago Tribune.
http://articles.chicagotribune.com/2007-09-26/
Virginia news/0709260038_1_illegal-worker-immigration-
laws-workers-social-security-numbers. Retrieved 2
Virginia’s E-Verify law[48][49] requires only state agencies
November 2007.
to enroll in the E-Verify Program by 1 December 2012
[6] Casey, Winter (2007-08-10). "Administration
and thereafter begin using the system for all new hires.
announces border, immigration initiatives".
As originally passed by the House, the bill would have al-
National Journal’s Technology Daily.
so included public contractors, localities, and employers
http://www.govexec.com/
with 15 or more employees. That version was ultimately
story_page.cfm?articleid=38136&ref=rellink.
pared down to its current form. The Senate also changed
Retrieved 2 November 2007.
the effective date from 1 December 2010 to 1 December
[7] Dinan, Stephen (2007-09-25). "U.S. pushes E-verify
2012.
for hires". Washington Times.
Virginia Gov. Robert F. McDonnell said Monday he
http://washingtontimes.com/article/20070925/
will move up by 18 months the deadline for state agen-
NATION/109250072/1001. Retrieved 2 November
cies to start checking the legal status of state employees.
2007.
The deadline for state agencies to start using the E-
[8] http://www.cis.org/Everify. Cis.org. Retrieved on
Verify system was to be the end of next year, but Mr.
18 October 2011.
McDonnell said the program instead will begin on 1
[9] "U.S. Citizenship and Immigration Services
June.[50]
Statement for the Record: E-Verify". 2008-05-20.
http://www.uscis.gov/portal/site/uscis/
Criticism menuitem.5af9bb95919f35e66f614176543f6d1a/
?vgnextoid=bca6fa693660a110VgnVCM1000004718190aRCRD&vgn
The program has been called inaccurate, though the er-
Retrieved 5 May 2010.
ror rate, currently around 8 percent, is decreasing, as
[10] "SSA fails to E-Verify 19 percent of new hires, IG
many of the errors came from changing last names after
says". 2010-01-11. http://fcw.com/Articles/2010/
3
From Wikipedia, the free encyclopedia E-Verify
01/11/WEB-EVerify-Social-Security-inspector- [27] City of Lake Elsinore : Business License. Lake-
general.aspx. Retrieved 5 May 2010. elsinore.org. Retrieved on 18 October 2011.
[11] "U.S. Citizenship and Immigration Services E- [28] Lake Elsinore, California. Codepublishing.com.
Verify Fact Sheet". 2009-12-18. Retrieved on 18 October 2011.
http://www.uscis.gov/portal/site/uscis/ [29] WILDOMAR: Council adopts limited E-Verify policy.
menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/ Nctimes.com (11 August 2010). Retrieved on 18
October 2011.
?vgnextoid=75bce2e261405110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD
Retrieved 26 December 2009. [30] City of Lancaster : Business Licensing.
[12] Kephart, Janice. (2011-05-26) Arizona Catches a Cityoflancasterca.org. Retrieved on 18 October
Break from the Supreme Court | Center for 2011.
Immigration Studies. Cis.org. Retrieved on 18 [31] City could use E-Verify for immigration status –
October 2011. Daily Pilot. Articles.dailypilot.com (14 August
[13] "Alabama Immigration Law: E-Verify Now 2010). Retrieved on 18 October 2011.
Required". Reuters. 10 June 2011. [32] Tom Davidson. Santamariatimes.com (13 August
http://www.reuters.com/article/2011/06/10/ 2010). Retrieved on 18 October 2011.
tagblogsfindlawcom2011-freeenterprise- [33] http://articles.ocregister.com/2010-05-18/crime/
idUS123058502120110610. 24637080_1_illegal-immigration-mayor-allan-
[14] Mears, Bill (25 May 2011). "High court backs mansoor-immigration-debate
Arizona immigration law that punishes [34] "Calif. City Takes Stand Against Illegal Immigration
businesses". CNN. http://www.cnn.com/2011/US/ as Ariz. Boycott Battle Rages". Fox News. 20 May
05/26/scotus.arizona.law/index.html?hpt=T1. 2010. http://www.foxnews.com/politics/2010/05/
Retrieved 26 May 2011. 20/california-city-takes-stand-illegal-immigration-
[15] ^ McCombs, Brady (11 December 2008). "State’s az-boycott-battle-rages/.
employer sanctions law goes mostly unused". [35] "L.A. Now". Los Angeles Times.
Arizona Daily Star. http://azstarnet.com/news/ http://latimesblogs.latimes.com/lanow/2010/06/
local/border/ is-costa-mesas-illegal-immigration-crackdown-
article_20e72f1a-81bf-5b4b-9af6-3721061c8416.html. about-politics-or-real-policy-tell-us-what-you-
[16] http://leginfo.ca.gov/pub/11-12/bill/asm/ think.html.
ab_1201-1250/ab_1236_bill_20110909_enrolled.pdf [36] "States Pass E-Verify Laws".
[17] ^ Feere, Jon. (2011-10-14) California Limits E- http://www.numbersusa.com/content/news/
Verify, Supports Illegal Hiring Practices | Center for february-1-2009/map-states-with-mandatory-e-
Immigration Studies. Cis.org. Retrieved on 18 verify-laws.html. Retrieved 26 Dec 2009.
October 2011. [37] Pickel, Mary Lou (19 March 2008). "Ga. employers
[18] E-Verify Legislation Guide. Clientconnexions.com. use system to deter illegal workers". The Atlanta
Retrieved on 18 October 2011. Journal-Constitution. http://www.ajc.com/wireless/
[19] Temecula Municipal Code (Temecula, California). content/business/stories/2008/03/18/
Qcode.us. Retrieved on 18 October 2011. everify_0319.html.
[20] [1] [38] Marks, Alexandra (7 July 2008). "With E-Verify, too
[21] http://www3.murrieta.org/ccar/2010/122110/ many errors to expand its use?". Christian Science
Reports/SR%20C4%20Ordinance%20E-Verify.pdf Monitor. http://www.csmonitor.com/2008/0707/
[22] Avants, Maggie. (2011-01-04) Murrieta’s E-Verify p02s01-usgn.html.
Ordinance Makes National Headlines – Murrieta, [39] "Notice for Illinois Employers about E-Verify".
CA Patch. Murrieta.patch.com. Retrieved on 18 United States Department of Homeland Security. 6
October 2011. October 2008. http://www.dhs.gov/ximgtn/
[23] Lovett, Ian (4 January 2011). "Patch of California programs/gc_1199120920203.shtm.
Cracks Down on Illegal Immigration". The New York [40] "E-Verify again an eligibility verification option for
Times. http://www.nytimes.com/2011/01/05/us/ Illinois employers".
05verify.html?_r=1. http://www.businessmanagementdaily.com/
[24] Riverside, California | City of Arts & Innovation | articles/19306/1/E-Verify-again-an-eligibility-
City Jobs. Cityjobs.riversideca.gov. Retrieved on 18 verification-option-for-Illinois-employers/
October 2011. Page1.html. Retrieved 26 Dec 2009.
[25] http://www.ci.santa-maria.ca.us/newsreleases/ [41] "Mississippi Requires Use of E-Verify by
20100409a.pdf Employers". Business & Legal Reports, Inc.. 25 March
[26] http://www.ci.santa-maria.ca.us/minutes/ 2008. http://hr.blr.com/news.aspx?id=78130.
CityCouncil-20100406rm.pdf [42] ^ "Mississippi Employment Protection Act (Senate
Bill 2988)". Mississippi Senate. 2008.
4
From Wikipedia, the free encyclopedia E-Verify
http://billstatus.ls.state.ms.us/documents/2008/ [49] Virginia Legislature Passes E-Verify Bill |
html/SB/2900-2999/SB2988SG.htm. NumbersUSA – For Lower Immigration Levels.
[43] "State of Rhode Island Division of Purchase – E- NumbersUSA. Retrieved on 18 October 2011.
Verify Information". [50] Cunningham, Paige (21 March 2011). "Virginia to
http://www.purchasing.ri.gov/EVerify.aspx. advance date for E-Verify to June 1". The
Retrieved 26 Dec 2009. Washington Times.
[44] "Chafee says marriage equality, rescinding E-Verify http://www.washingtontimes.com/news/2011/
important to economic growth". mar/21/virginia-to-advance-date-for-e-verify-to-
http://www.pbn.com/Chafee-says-rescinding-e- june-1/. Retrieved 26 May 2011.
verify-marriage-equality-important-to-economic- [51] Backgrounder: E-Verify. FierceHomelandSecurity
growth,54730. Retrieved 4 Jan. 2011. (3 August 2011). Retrieved on 18 October 2011.
[45] Jackson, Vince (25 Jan 2009). "E-Verify system
works, Pickens County officials say".
http://www.independentmail.com/news/2009/
External links
jan/25/e-verify-system-works-pickens-county- • U.S. Citizenship and Immigration Services E-Verify
officials-say/. Retrieved 26 December 2009. Website
[46] South Carolina Immigration Law Faces Legal • DHS E-Verify web page
Challenge. Huffingtonpost.com. Retrieved on 18 • FAIR E-Verify Talking Points
October 2011. • EPIC Spotlight on Surveillance article Electronic
[47] S.B. 251 Substitute Bill Documents – 2010 General Privacy Information Center. An article describing
Session. Le.utah.gov. Retrieved on 18 October 2011. defects, problems, and dangers of the E-Verify
[48] LIS > Bill Tracking > HB737 > 2010 session. system and its use.
Leg1.state.va.us. Retrieved on 18 October 2011.
Retrieved from "http://en.wikipedia.org/w/index.php?title=E-Verify&oldid=460912416"
Categories:
• Illegal immigration to the United States
• Immigration to the United States
• Privacy
This page was last modified on 16 November 2011 at 07:31. Text is available under the Creative Commons Attribution-
ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia® is a registered trademark of
the Wikimedia Foundation, Inc., a non-profit organization.Contact us
Privacy policy About Wikipedia Disclaimers Mobile view
5