I-9 Compliance Bulletin: E-Verify Mandate Legislation

There is a definite trend toward employers being required to use E-Verify® to confirm employment eligibility.  As it stands today, when not required by state law or Federal Contracts, employers have the option of voluntarily using the E-Verify system to confirm, proactively, the employment eligibility of new employees.  Currently, 27 states require some, or all, employers to use E-verify as part of their hiring programs, and that number will likely trend higher.  Already this year, 7 states have introduced bills to mandate the use of E-Verify for all or some employees, which is significantly higher than the past few years.
In addition to state requirements to use E-Verify, there is a federal effort underway that would mandate E-Verify for all U.S. employers.  Senator Chuck Grassley recently introduced a bill known as the Accountability Through Electronic Verification Act (ATEVA), to mandate E-Verify in the United States.  ATEVA would require employers to use E-Verify or face civil non-compliance penalties of $1,000 to $25,000 per violation.  Pursuant to the ATEVA, any person or entity that engages in a pattern or practice of violations would be subject to criminal penalties of $15,000 for each unauthorized alien hired, or face imprisonment for one to ten years, or both.  The ATEVA E-Verify mandate would go into effect one year after being signed into law and would also require all existing employees to go through E-Verify within three years of passage.
With President Trump’s focus on immigration reform, E-Verify and employer hiring practices will almost certainly be a hot issue for the next four years.   How are you currently navigating evolving state required E-Verify mandates?  Is your organization prepared to respond to a nationwide E-Verify mandate?
Bottom Line
The Equifax I-9 Management E-Verify solution seamlessly integrates with E-Verify to help keep you in compliance.  Advanced features include “batch closure” functionality and auto queue features to streamline the process and reduce administrative burden.  Additionally, Equifax completes the E-Verify knowledge test on behalf of clients to enable employees to easily access the E-Verify platform.
To learn how Equifax can help your organization, contact Pete Krieshok at pete.krieshok@equifax.com.
Click here to download a PDF version of this bulletin.
About Brian Elfrink

Brian Elfrink leads the strategic direction and development for I-9 Management, E-Verify, and Remote I-9 solutions. He is responsible for new product initiatives, legislative analysis, and product management for all areas of Form I-9. In addition, Brian is responsible for analyzing and tracking market and client needs for new requirements related to identity and employment authorization and immigration reform.

During his 10 year tenure with Equifax, Brian has held strategic roles within Finance, Accounting, and Sales Operations. Brian received his Bachelor of Science in Business (Accounting) degree from Fontbonne University, his Master of Business Administration (MBA) degree from Lindenwood University, and is a certified Six Sigma – LEAN Green Belt.