Bill Would Require All Employers to Use E-Verify

Like another recently-introduced immigration bill, the Legal Workforce Act (H.R. 2164) (pdf) would require all employers to use the E-Verify electronic employment verification system within a phased-in period following enactment. This new measure introduced by House Judiciary Chairman Lamar Smith (R-TX) is also the subject of a Judiciary Committee hearing scheduled for June 15.

Among other things, the new bill would do the following:

  • Mandate that all employers use E-Verify for new hires within two years of the bill’s enactment. Smaller employers would be given more time to comply with the law. Specifically, employers with 10,000 or more employees would be required to use E-Verify within six months of the bill’s enactment; those employing 500-9,999 workers would have to comply within 12 months; businesses with 20-499 employees would have 18 months; all others must begin using E-Verify within two years.
  • Make certain allowances for those in the agricultural industry. Individuals performing “agricultural labor or services” would only be subject to an E-Verify employment check within 3 years of the bill’s enactment. Under the terms of the legislation, those engaged in seasonal agricultural employment are not considered new hires if they begin work for an employer for whom they have already worked.
  • Repeal the paper-based Form I-9 and replace it with an electronic system.
  • Increase employer penalties for violations of the Immigration and Nationality Act. The bill contains, however, a safe harbor provision that allows employers to avoid prosecution under immigration law if they use E-Verify in good faith, and through no fault of their own receive an incorrect eligibility confirmation.
  • Direct the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, to develop within 18 months of the bill’s enactment a Biometric Employment Eligibility Verification pilot program to provide another means for verifying work eligibility.

In a statement, Rep. Smith claimed that: “E-Verify is a successful program to help ensure that jobs are reserved for citizens and legal workers. The ‘E’ in E-Verify could just as well stand for ‘easy’ and ‘effective.’ It takes just a few minutes to use and easily confirms 99.5% percent of work-eligible employees. There is no other legislation that can be enacted that will create more jobs for American workers.”

Photo credit: David Franklin

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.