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LEGISLATIVE REPORT
August 1 2008

Legislative Report Archive


New E-Verify Employment System

As you know, over the past 18 months SHRM has been advocating in Congress for the creation of a new and improved employment verification system; one that would replace the current voluntary verification system known as "E-Verify."

  On June 12, 2008, the U.S. General Services Administration (GSA) issued a proposed rule mandating the use of E-Verify by all government contractors and subcontractors.  Under the proposal, Federal contractors would be required to verify all new and any existing employees assigned to work on such contracts using E-Verify.

  GSA is accepting public comment on this proposal and SHRM will be submitting its comments next week.  However, since this is a core focus of SHRM's Government Affairs program, we are asking our state councils and chapters to support us in opposing this rulemaking by filing comments on behalf your state council or chapter.

Action Needed

Please take a few minutes today to contact the GSA!  The deadline for submitting comments is August 11, 2008.  To submit a comment letter, please click HERE and carefully follow the instructions provided.  There you will find a draft comment letter for your consideration.

Background

The current electronic verification system, known as the "Basic Pilot" or "E-Verify," was established by Congress as a voluntary pilot program.  While electronic in nature, E-Verify still requires employers to analyze paper-based documentation and fill out the Form I-9.  Although E-Verify can help identify instances when an employee's name doesn't match a Social Security number, the system cannot detect instances of identity fraud and has posted a 4.1 percent error rate (and an even greater error rate for work-authorized foreign nationals). 

  In recent months, Congress has been discussing various alternatives to the current workplace verification system including the SHRM-supported H.R. 5515, the New Employment Verification Act (NEVA).  SHRM believes that the shortcomings of E-Verify must be addressed before the government mandates its use by any segment of the employer population.

LARRY BOURGERIE, SPHR MN STATE LEGISLATIVE DIRECTOR



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