Proposed Immigration Reform Legislation and E-Verify

The discussion about Congress possibly passing immigration reform is a major topic right now. Many expect that in 2013, Congress will pass some version of immigration reform (i.e., providing legal status to individuals who are currently residing in the U.S. without legal authorization). In looking at what is currently in the pipeline, some of the proposed bills and related discussions point to a mandatory requirement that all employers enroll in E-Verify or possibly some other version of E-Verify. Presently, employers may voluntarily enroll in E-Verify, and certain employers, who contract with the government, are required to enroll in the program. 

Although nothing is final, it is important to be prepared to transition into any possible E-Verify requirement.  While we wait for Congress’ decision on immigration reform, employers should continue to comply with the immigration laws that apply to their business. 

Employers are required to comply with all Form I-9 requirements and cannot employ any individual unauthorized to work. If your I-9 compliance is in need of review, you should contact your attorney who specializes in I-9 compliance. Doing so will prepare you and your company to transition into any immigration reform that becomes law.

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine. 

Daniel's Contact Information:
Email: dramirez@montyramirezlaw.com 
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com

Redesign of Employment Authorization Document and Certificate of Citizenship Furthers USCIS’ Goal to Enhance Document Security and Prevent Fraud

Pursuant to the United States Citizenship and Immigration Services' (USCIS) objective to produce more secure documentation that is more difficult for document vendors to replicate, it has announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560).

USCIS began issuing state-of-the-art technologically equipped EADs this week to deter counterfeiting, obstruct tampering and facilitate quick and accurate authentication. Workers, employers and law enforcement officials all will be able to recognize the card as definitive proof of authorization to work in the United States. While the card has a new look, the USCIS application process remains the same. Previously issued cards will remain valid until the expiration date printed on the card. USCIS will replace EADs already in circulation as individuals apply for replacement or renewal cards. The EAD is a List A document that employees can submit during the I-9/E-Verify process.

The new Certificate of Citizenship has also been redesigned to deter fraud and tampering. USCIS will begin issuing the new Certificates of Citizenship on October 30. Previously issued Certificates of Citizenship will remain valid indefinitely. The Certificate of Citizenship is not on the Lists of Acceptable Documents and cannot be accepted by employers during the I-9/E-Verify process.

USCIS intends to continue to enhance document security features as technology improves. If you have any questions on how the issuance of new EADs and Certificates of Citizenship will affect your employment practices, please contact us at jmonty@montyramirezlaw.com.

Jacob M. Monty is the founding and managing partner of Monty & Ramirez LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.

Contact Information:
Email: jmonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

More States to Mandate E-Verify Following Recent US Supreme Court Case

With the ruling of the United States Supreme Court in United States Chamber of Commerce v. Whiting, it appears that any state that wants to follow in Arizona’s footsteps and mandate the use of E-Verify will be able to do so so long as there are no direct sanctions for those who do not use E-Verify. Those who choose not to follow the law will simply forfeit the fall-back plan of claiming good faith if they are caught using unauthorized workers. There will be no direct civil or criminal penalties for not using E-Verify if no unauthorized workers are ever found.

Joining Arizona in mandating that all employers (public and private) must use E-Verify are Mississippi, Alabama, South Carolina, Tennessee (except for private employers with less than 7 workers), Georgia (except for private employers with less than 11 workers), Utah (except for private employers with less than 15 workers), and North Carolina (except for private employers with less than 25 workers). In Idaho, Nebraska, Oklahoma, Missouri, Indiana, Virginia, and Florida, all state agencies and state contractors must use E-Verify. In Colorado and Louisiana, all state contractors must use E-Verify.

Jacob M. Monty is the founding and managing partner of Monty & Ramirez, LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.

Contact Information:
Email: jmonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

Applicants can now check if they are "legal" and eligible to work for a company.

On August 15, 2011, the government expanded the availability for individuals to “self-check” their work authorization status with government records.  The United States Citizenship and Immigration Services (“USCIS”) expanded its E-Verify Self-Check Service (“Self-Check”) to residents of 16 additional states (an increase from 6 states) and provides individuals with a choice of completing it in English or Spanish.

In March of 2011, USCIS started the self-check service to residents from Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia.  This online service enables individuals to check their work authorization status prior to being hired.  One of USCIS’ goals is to provide individuals the opportunity to correct database errors and other irregularities which may exist in government records.  Although USCIS hopes this will decrease the number of E-Verify tentative nonconfirmation (“TNC”) or even a Final Nonconfirmation (“FNC”), I am not sure whether USCIS will achieve its goal with this online tool.

Here is an image from USCIS demonstrating the 22 states where Self-Check is available to individuals. 

• California
• Louisiana
• Maine
• Maryland
• Massachusetts
• Minnesota
• Missouri
• Nebraska
• Nevada
• New Jersey
• New York
• Ohio
• South Carolina
• Texas
• Utah
• Washington state

Interestingly, in the 6 pilot states that launched Self-Check in March 2011, approximately 18,000 individuals have used the system to verify their employment authorization status with government records.

So what do employers do now?  Well, the Self-Check system is for individuals to check their work authorization with E-Verify records.  From an employer’s perspective, this government online tool is set up for employment candidates seeking employment (who are not yet employed), not for employers.  So it is important to not ask your employees who have already been I-9’d to Self-Check their work authorization through this system—that would set your company up for a possible claim of discrimination.  Remember that once an employee I-9 is properly completed, an employer cannot ask that employee to establish, once again, that they are authorized to work in the U.S.  Overall, the Self-Check system is not an online tool for employers and only time will tell if this system will decrease the number of errors associated with E-Verify.

Please remember this blog provides general recommendations regarding an employer’s I-9 compliance. If you have any questions related to your company’s I-9s or related policies, please don’t hesitate to contact Monty & Ramirez for a free consultation to discuss your internet policies to ensure the policies comply with the ever-changing social media and internet issues.

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP. He is board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Daniel's Contact Information:

Email: dramirez@montyramirezlaw.com

Telephone: 281.493.5529

Website: http://www.montyramirezlaw.com