New E-Verify rules take effect

10 Jan 14

UNITED STATES

IMPACT – MEDIUM

What are the changes? U.S. Citizenship and Immigration Services (USCIS) has updated its Memorandums of Understanding (MOUs) with new rules for E-Verify users.

What does the change mean? Existing E-Verify users are obligated to follow the new rules and reporting requirements as of Jan. 8, 2014.

  • Implementation timeframe: Existing E-Verify users must adopt the new rules by Jan. 8, 2014.
  • Visas/permits affected: I-9 compliance.
  • Who is affected: Employers that are existing users of E-Verify. Employer agents and developers are also affected by revised MOUs.
  • Business impact: Additional compliance and reporting requirements.
  • Next steps: Companies should be aware of the new terms for using E-Verify; these terms are defined in the revised MOUs.

Background: USCIS revised the MOUs on June 1, 2013, creating separate MOUs for each type of user to simplify their use. The revisions may go unnoticed by employers that currently use E-Verify, because they will not need to execute a new MOU; the new rules kicked in automatically for existing users on Jan. 8, 2014. The effective date of the MOUs for new users was Dec. 8, 2013.

The provisions include updated employer duties, which correspond to:

  • Reporting E-Verify data and security breaches.
  • Reporting changes to an employer’s E-Verify representative and requiring termination of access.
  • Immediate notification to Department of Homeland Security of any breaches in personal information.
  • Controls in the language used to indicate E-Verify participation.
  • Providing bilingual notice of Tentative Non-Confirmation (TNC) to employees not proficient in English.
  • Not misrepresenting an employer’s use of E-Verify as endorsed by federal authorities.

BAL Analysis: BAL recommends that employers currently participating in E-Verify familiarize themselves with the modified MOUs and establish additional procedures for compliance. Click here to read the revised MOU.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.