The I-9 and E-Verify: Resources for the Employment Eligibility Verification Processes

Statutes Executive Orders Affecting Federal Contractors DHS Regulations & Guidance E-Verify Antidiscrimination Provisions/Guidance Other Resources

The Illegal Immigration Reform and Control Act of 1986 (IRCA) brought employers into the front line in the government's attempt to stop illegal immigration. IRCA requires employer to verify the identity and work authorization of employees hired after November 6, 1986. As a result of IRCA and subsequent Acts that modified it, employers are subject to sanctions for employing individuals who are not legally able to work in the U.S.

• Form I-9
• Handbook for Employers (Nov. 2007 version)

Statutes Affecting Employer Sanctions

• Illegal Immigration Reform and Control Act of 1986
• Immigration Act of 1990
• Illegal Immigration Reform and Immigration Responsibility Act of 1996 reduced the number of documents that employers can accept
• Homeland Security Act of 2002

Executive Orders Affecting Federal Contractors

• Executive Order 12989
• Executive Order 12989 amended on June 6, 2008 to require Federal Contractors to use electronic verification system as prerequisite for federal contracts.
• DOD/GSA/NASA June 12, 2008 Federal Register Proposed rule for federal contractors requiring use of electronic employment verification system
• DOD/GSA/NASA November 14, 2008 Federal Register Final Rule for federal contractors requiring use of E-Verify by January 15, 2009
• DOD/GSA/NASA November 14 2008 Federal Register Federal Acquisition Regulation Federal Acquisition Circular 2005-29 FAR Compliance Guide
• DOD/GSA/NASA November 14, 2008 Federal Register Notices with request for comment on FAR Price Adjustment; Past Performance Information; DOD Advisory Committee

DHS Implementing Regulations and Guidance

• June 13, 2008 Federal Register Notice Designating E-Verify as the electronic verification system required for Federal contractors
• February 26, 2008 Federal Register final rule adjusting fines for I-9 Violations
• February 2, 1998 Federal Register Proposed Rule revising the I-9
• September 30, 1997 Federal Register Interim Final Rule with Request for Comments implementing IIRIRA provisions amending list of acceptable documents
• August 15, 2007 Federal Register Final rule regarding safe-harbor procedures for employers who receive an SSN no-match letter.
• October 28, 2008 Federal Register Supplemental Final Rule clarifying safe-harbor provisions for employers who receive no-match letters;
• December 17, 2008 Federal Register Interim Final Rule with request for comments modifying acceptable documents, Effective date: February 2, 2009. Deadline for comments: February 2, 2009
• October , 2009 Federal Register final rule rescinding the no-match rule

Guide to Documents:

August 1, 1998 INS' Guide to Selected Travel/Identity Documents for Law Enforcement Officers

Status-Specific Guidance:

• Asylees and Refugees
  • June 17, 2002 INS Office of General counsel's legal Opinion
  • March 10, 2003 Bureau of Citizenship and Immigration Service's stance on employment authorization
• H-1B
  • June 19, 2001 INS Office of Field Operations guidance on H-1B portatbility
• J-1
  • September 11, 1987 Letter from Richard E. Norton, Associate Commissions, Adjudications, Immigration and Naturalization Service to John Reichard, Executive Vice President, NAFSA
• 240-day Rule
  •  
  • March 10, 1998 Cronin Memo on Standard Employment Authorization, Prohibition on Local Variations; Use of Receipts; Timely Adjudication; Interim Employment Authorization

E-Verify

E-Verify is the Internet-based electronic employment verification system created by DHS to assist employers in verifying the legal ability of employees to work. It is the successor to INS' Basic Pilot Program. Although participation in E-Verify is voluntary, the federal government has mandated its use for certain federal benefits such as federal contractors and employers wishing to hire F-1 students for extended period of optional practical trianing in the fields of science, technology, engineering, or math.

• DHS E-Verify Web site
• Report on North Carolina State University's experiences using E-Verify
• December 22, 2008 CIS ombudsman's E-Verify recommendations

Antidiscrimination Provisions and Guidance

The Department of Justice's Office of Special Counsel for Unfair Immigration-Related Employment Practices is responsible for ensuring that employers to not iengage in discriminatory behaviors while complying with their employment eligiblity verification responsibilities. They have put forth the following:

• February 3, 1998 Federal Register Notice re: MOU between EEOC and Office of Special Counsel for Unfair Immigration Related Employment Practices
• Guide to Fair Employment
• joint flier with EEOC on Post 9-11 Backlash Discrimination

Resources and Guides

• Department of Labor IRCA Compliance and Employment Law Guide
•