Federal government rules for dating employees
In February 2009, USCIS began incorporating Department of State passport data into E-Verify, reducing the number of mismatches for citizens who did not personally complete the naturalization process, but derived citizenship from their parents.And in FY 2010, USCIS plans to incorporate ICE’s Student and Exchange Visitors Information System (SEVIS) data into E-Verify, which will improve the system’s ability to automatically verify international students and exchange visitors.At the same time, employers need to be careful to avoid overzealous efforts that might lead to claims of unlawful employment discrimination based on citizenship status or national origin, which can be pursued by the Equal Employment Opportunity Commission and the U. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices. Gibson, Dunn & Crutcher lawyers have significant experience counseling employers to ensure compliance with employment authorization laws and regulations and in responding to governmental audits and investigations. For a full list of dates and times, or for more information, please click In addition to use of E-Verify required by the new rule, employers should ensure they are in full compliance with the Immigration Reform and Control Act and associated regulations.
In brief, the court relied heavily on the logic of American Federation of Labor & Congress of Industrial Organizations. Whereas E-Verify was previously voluntary for federal contractors, now all federal contracts and solicitations issued on or after September 8, 2009 will require federal contractors to use E-Verify, and all prime contractors must include a clause requiring subcontractors to use E-Verify for any subcontract with a value over ,000 for services or construction.
Summary of E-Verify system: For those unfamiliar with the E-Verify system, it operates as follows: Upon hiring a new employee and completing the Form I-9 to ensure employment authorization (required for all new hires regardless of E-Verify participation), the employer submits information over the Internet taken from the Form I-9, including: the employee’s name and date of birth, Social Security Number (SSN), citizenship status declared by the employee, and other information from documents submitted by the employee.
(In addition, in 2007, E-Verify introduced its Photo Screening Tool that allows the employer to compare the photographs on documents presented by certain non-citizen employees against photographs stored in DHS immigration databases, which are shown on the employer’s computer screen.)The E-Verify query will establish that an employee is authorized to work, or the employer will receive a "tentative non-confirmation" (TNC).
Last year, President Bush signed Executive Order 13,465, requiring federal government contractors to "agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security," and the Secretary designated the "E-Verify" system, described in more detail below, for this purpose.
The Department of Defense, the General Services Administration, and NASA then jointly issued a final On December 23, 2008, however, the U. Chamber of Commerce and several other industry groups filed a suit seeking to invalidate the rule.