A critical component of the Border Security, Economic Opportunity, and Immigration Modernization Act (S.744), introduced April 17, 2013, is a provision that would require all employers to participate in an enhanced E-Verify-type program.

Following the Supreme Court’s split decision last month regarding Arizona’s 2010 immigration law known as S.B. 1070, three principles are clear:

1. The federal government’s role in setting immigration policy supersedes the efforts of all states in this area;
2. Despite the decision, certain state immigration laws requiring employers to enroll in E-Verify will remain in operation until the federal government says otherwise; and,
3. The stage is set for a comprehensive reform of existing immigration law by the federal government sometime in 2013 regardless of who is elected as the country’s next president.

The United States Citizenship and Immigration Services (USCIS) is making certain enhancements to its E-Verify Tentative Non-Confirmation (TNC) Communication process, effective September 9, 2013.

Employers who use an electronic I-9 solutions with direct E-Verify access will not be affected by these changes, at this time or the near future. However, those users who directly log-in to E-Verify and use the system will be affected immediately and may want to find out specific details on the USCIS web sit

The U.S. Citizenship and Immigration Services (USCIS) has published a 30-day notice in the Federal Register inviting public comment on proposed changes to the current Form I-9, Employment Eligibility Verification. The USCIS also told employers to continue to use the current Form I-9 until the new version is released even though the current Form I-9 displays “Expires 03/31/2016” in the upper right hand corner.