EEVS would be required to give employers temporary verification or non-verification within three working days of an inquiry. In the event of a non-verification, a final verification or non-verification would be provided within 10 working days.
Employment recruitment and referrals would fall within the scope of EEVS, and union halls and nonprofit employment agencies would be required to use EEVS. Provisions for employers utilizing a good faith defense, the preemption of state or local law, employer penalties, and worker remedies for EEVS errors would be included.
This bill sets the groundwork for the creation of programs that block the use of misused social security numbers, and suspend or limit the use of Social Security numbers belonging to victims of identity theft. The Secretary of Homeland Security would be directed to:
Establish a program under which parents or legal guardians may suspend or limit the use of social security account number or other identifying information of a minor for the purposes of the employment eligibility verification system.
Establish an Identity Authentication Employment Eligibility Verification pilot program to provide employers with identity authentication and employment verification of enrolled new employees.
A phased-in EEVS participation deadline — between six months and two years — would be established for different categories of employers, including agricultural employers.
E-Verify is currently a voluntary program at the federal level for most employers, except for certain contractors that the federal government requires to participate in the program. However, E-Verify is mandatory for all employers in five states, while 11 states require its use for state agencies and contractors, and three states had E-Verify laws which either expired or were rescinded.
A similar version of this bill was introduced into the House in April 2013. While it made it out of committee and was scheduled to receive a vote in the House, it never saw one before the end of the 113th Congress.
Sponsoring Rep. Lamar Smith (R-TX) Press Release