Bill Introduced to Make E-Verify Mandatory for Employers

10:02 am Uncategorized

Capitol Hill e1305918676560 Bill Introduced to Make E Verify Mandatory for EmployersThe Legal Workforce Act (HR 2164) bill has been introduced in Congress that would make it mandatory for all U.S. employers to utilize the Department of Homeland Security’s E-Verify process to verify the employment eligibility of new employees.

The bill was introduced by House Judiciary Committee Chairman Lamar Smith (R-TX) and, according to a press release from Congressman Smith’s office, would:

  • Repeal the I-9 System and replace it with a completely electronic work eligibility check.
  • Phase-in mandatory E-Verify participation for new hires in six-month increments beginning on the date of enactment.
  • Require that employees performing “agricultural labor or services” are only subject to an E-Verify check within 36 months of the date of enactment.  Under the bill, an individual engaged in seasonal agricultural employment is not considered a new hire if the individual starts work with an employer for whom they have previously worked.
  • Preempts state laws mandating E-Verify use for employment eligibility purposes but retains the ability of states and localities to condition business licenses on the requirement that the employer use E-Verify in good faith under the federal law.
  • Grants employers safe harbor from prosecution if they use the E-Verify program in good faith, and through no fault of theirs, receive an incorrect eligibility confirmation.

Bill cosponsors include five California legislators: Reps. Brian Bilbray (R-Calif.), Ken Calvert (R-Calif.), Gary Miller (R-Calif.), Ed Royce (R-Calif.), and Immigration Subcommittee Chairman Elton Gallegly (R-Calif.).

Contact our Orange County business planning law firm for the experience and legal acumen you need to protect your California business.

Help is available to you by contacting your Southern California financial planning experts today.

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