United States: USCIS Announces Upcoming Changes to E-Verify
United States: USCIS Announces Upcoming Changes to E-Verify
In the coming months, E-Verify employers can expect to see changes to the online verification system, including additional government monitoring to ensure compliance with program rules and new measures to combat identity fraud and employment discrimination.
U.S. Citizenship and Immigration Services (USCIS) is planning important changes to the E-Verify online employment eligibility verification system, aimed at ensuring employer compliance with program rules and guarding against employment discrimination and identity theft. These new initiatives were announced at a March 17 briefing attended by Fragomen representatives and other stakeholders.
Over the next few months, the agency will implement measures to verify employer users of the system, detect misuse, and enhance system data. E-Verify’s Monitoring and Compliance Unit will begin to examine an expanded list of behaviors that indicate improper use of the system, and will create a mechanism to lock Social Security numbers when there is suspicion that they are being used fraudulently. USCIS will also begin to check employers’ legitimacy against commercial data sources. In addition, the E-Verify photo tool, which allows participating employers to verify certain employee photos against those stored in government databases, will be expanded to include data from the U.S. Department of State and various state departments of motor vehicles. Currently, the photo tool is limited to Department of Homeland Security documents.
Specifically for employees, there are plans for a “self-check” program and a hotline for employees who need to resolve problems with the system. USCIS also intends to continue its public education efforts. Two new video presentations, dealing with employer responsibilities and employee rights, are available at http://www.youtube.com/ushomelandsecurity.
Along with these new initiatives, USCIS is enhancing efforts against employment discrimination. USCIS and the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) have agreed on procedures that will make it easier to bring employment discrimination cases against employers. The two agencies will also share information about possible violations. USCIS will refer potential employment discrimination cases to OSC and OSC will provide information about misuse of the E-Verify system to USCIS.
What Employers Need to Do
In light of the USCIS announcements, we strongly urge employers participating in E-Verify to take steps to ensure that they are in strict compliance with program rules and the anti-discrimination provisions of U.S. immigration law. With many federal contractors and subcontractors now required participate in E-Verify, the consequences of non-compliance are more serious than ever.
If you have any questions about this alert or E-Verify in general, please contact your designated Fragomen professional or email us at compliance@fragomen.com.
Source: Fragomen
