New Proposed Regulations for E-Verify

On June 8, 2015, the Department of Homeland Security (DHS) issued new proposed guidelines for the use of E-Verify by its member employers, which now hovers around 425,000.  The government will accept comments to its proposed regulations through August 7, but as they stand the following is a synopsis of the changes to E-Verify that DHS is proposing:

• Three proposed enhancements:

  • Final Nonconfirmation (FNC) — Allows employees to contest FNCs that they feel have been issued in error. A new process that allows the employees to request a review of their FNCs will replace the current manual review process.

  • Reverification — Requires employers to use E-Verify to reverify employees whose work authorization has expired. These include employees who were hired before the employer signed the E-Verify Memorandum of Understanding (MOU).

  • Updated MOUs — Revisions have been made to the E-Verify MOUs to support the proposed business processes.

• Streamlined Tentative Nonconfirmation (TNC) Processes

  • To provide employees with greater access to E-Verify information, USCIS has simplified the TNC process to streamline the notice that an employer provides to the employee. USCIS has also designed new email messages to communicate directly with the employee regarding Social Security Administration and Department of Homeland Security TNC notices.

These changes would not be implemented until the final regulations are published and become effective.  That is not likely to occur in 2015.

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