ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

I-9 E-Verify Immigration Compliance

description

  1. What is Legal Workforce Act (H.R. 3711)?

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

    Click image for larger version. 

Name:	Legal Workforce aCT.jpg 
Views:	14 
Size:	5.7 KB 
ID:	1233

    Congressman Lamar Smith (R-TX) has introduced the Legal Workforce Act (H.R. 3711), which proposes numerous changes to current law, including requiring every employer in the U.S. to use E-Verify or an electronic employment eligibility verification system.

    Here is a summary of the bill’s key provisions:

    • Mandatory employer participation in the E-Verify phased in over a two-year period based on the size of the employer;
    • Conditional job offers, based on passing E-Verify, which is contrary to current law, which prohibits use of E-Verify until a job offer is accepted;
    • Within 6 months of the bill’s enactment, these current workforce employees would have to have their employment eligibility reverified: employees who require a federal security clearance; workers assigned to a federal contract; and federal, state, and local government employee;
    • Beginning 30 days after the bill is enacted, an employer would be allowed to voluntarily use E-Verify to reverify the employment eligibility of any current employee, if the employer reverified all individuals at the same geographic location or employed within the same job category;
    • Employers would also have to use E-Verify, according to the phase-in timeline for employers based on their size, for workers with expiring work authorization;
    • Many documents, that are currently acceptable, would no longer be acceptable for proving employment eligibility;
    • Employers would be relieved of liability for any employment action taken with respect to a worker if the employer had verified the worker’s identity and employment eligibility and relied on information provided by E-Verify in good faith;
    • Would substantially increase penalties for employers who knowingly hired or employed unauthorized workers and who failed to use E-Verify or knowingly submitted false information to E-Verify, but fines for knowingly hiring or employing an unauthorized worker could be waived if the employer established that it acted in good faith;
    • Would preempt states and localities from passing employer sanctions and employment eligibility verification laws; but, it would allow states to use business licensing and similar laws to penalize employers for not using E-Verify. It would also allow a state, at its own cost, to enforce the provisions of the Legal Workforce Act if it followed the federal regulations, rules, and guidance implementing the act.


    I will keep you apprised of any actions taken toward passage of the Legal Workforce Act though it is highly unlikely that this bill will pass the U.S. Senate.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: