Our Human Resources Blog

If lawmakers have their way, all employers nationwide may soon be required to use E-verify to check the employment eligibility of applicants. Recently a bill was re-introduced in the House of Representatives that would create a four year phase in period for using E- Verify with new hires and would also require businesses to expand the program to confirm the work status of all current employees. 

The legislation would phase in the mandatory use of E-Verify in the following way: 

• Within the first year, all federal agencies, federal contractors and employers with more than 250 employees would be required to use the program.
• Within two years, employers with 100 or more employees would be required to begin using the system.
• Employers with 30 or more employees would have up to three years to begin verifying employees.
• Finally, within four years of enactment, all employers would be required to verify employment eligibility for all employees through the E-Verify program.

 Currently E- Verify is predominately voluntary with the exception of some employers, such as those employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause and employers in certain states. 

 Immigration compliance is once again in the spotlight. It’s important for employers, whether they use a paper system or E-verify, to pay close attention to their employment eligibility processes.