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Mandatory E-Verify on the table again

In a post we wrote over a year ago we discussed the possibility that all employers in the nation would have to use the E-Verify system to ensure that all individuals hired by a business are authorized to work in the United States.

The system, which is currently voluntary, may be used to uncover differences between government records and the information provided by the employees. These discrepancies, or tentative nonconfirmations, may be simple errors. Accordingly, employers and employees can work together to try to eradicate them. When the TNCs are not errors or are not addressed, a final nonconfirmation can be issued which makes the worker ineligible to work in the U.S.

The issue of mandatory E-Verify is once more in the news with the House Judiciary Committee’s recent hearing regarding the subject, and not everyone is happy about it. Specifically, leaders in the agriculture industry are against its mandatory use. This is because according to the president and CEO of the National Council of Farmer Cooperatives, approximately 70 percent of the individuals who are hired each year to do farm work in the U.S. do not have the requisite authorization.

While there is a visa available to bring foreign workers into the country for farm work—the H-2A guest worker visa—he said most growers avoid using the program because it is too cumbersome. In short, he characterizes the required use of online E-Verify, “devastating” to the industry.

There are many issues that an employer must address where employees are concerned. When they involve immigration matters a lawyer who handles such matters can be of assistance.

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