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E-Verify: What You Need To Know

Posted By Eve Framinan, Wednesday, August 27, 2008

The HR Silo for the Professional and Executive Development Committee had its inaugural seminar today. Mark Baker, Partner and leader of Holland & Knight's Labor and Employment Practice, presented an overview of E-Verify and the proposed changes to the FAR. Key points of the seminar:

  • Today, participation in E-Verify is voluntary.
  • E-Verify is not new; it's been in use since 1997.
  • The system is a partnership between the Department of Homeland Security (DHS) and Social Security Administration (SSA).
  • There are new enhancements to E-Verify to minimize tentative non-confirmation (TNC) and mismatches.
  • If an employer uses E-Verify, certain optional practical training (OPT) F-1 visa holders can extend their training period by 17 additional months.
  • If an employer uses E-Verify, they must follow certain procedures including posting a notice to all applicants and employees that they use E-Verify and how to handle a TNC.
  • E-Verify remains voluntary; the executive order in June 2008 resulted in proposed regulations to amend the FAR and make it mandatory for federal contractors to use E-Verify for future contracts. Again, these are proposed regulations.
  • The proposed regulations would flow down to most subcontractors.
  • The proposed regulations have both advocates and detractors. There is likely to be litigation and delay in a final regulation.
  • The next administration will review the executive order (as is typical for a new President) and may delay or rescind the order.
  • E-Verify does not replace the I-9 form or any of the current I-9 procedures. In fact, the I-9 is required to use E-Verify.
  • E-Verify is not a safe harbor. If an employer uses E-Verify, it is still subject to enforcement actions and challenges/lawsuits.
  • At this time, enrollment in E-Verify is not required.
  • You can find information on E-Verify at
These are just general notes and are not intended to replace legal counsel or professional interpretation of the regulations.

Tags:  e-verify 

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