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March 28, 2006
The Senate is taking up a bill previously passed by the House which contains provisions that would amend the Immigration and Nationality Act by creating a new employment eligibility verification system. Under the bill, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.R. 4337), the Department of Homeland Security (Department) would establish a verification system through which the Department would respond to inquiries made by employers about an individual's identity and authorization to be employed. The inquiries would be made through a toll-free phone number or other electronic media. The Department would also maintain records of all inquiries made and of verifications, or nonverifications, provided.
Secondary verification
Verification or tentative nonverification of an individual's identity or employment eligibility would be made within three days of the inquiry. In the case of a tentative nonverification, the Department, in consultation with the Social Security Administration (SSA), will specify a secondary verification process that can be used to confirm the validity of the information provided and to provide a final verification or nonverification within ten days after the date of the tentative nonverification.
As part of the verification system, the SSA will establish a reliable and secure method to compare the name and social security account number provided in an inquiry against the information maintained by the SSA in order to validate, or not validate, the information provided regarding an individual whose identity and employment eligibility must be confirmed.
Employer requirements
Under the verification system, employers will be required to seek verification of the identity and work eligibility of an individual no later than the end of three working days after the date of hiring, or within a specified time period for previously hired individuals. Employers will also be required to retain verification forms for three years after the date of hire, or one year after the date of the employee's termination.
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