SHRM-Endorsed Employment Verification Bill is Introduced in the

Today, the SHRM-led “HR Initiative for a Legal Workforce” coalition hosted a news conference at the U.S. Capitol with U.S. Representatives Sam Johnson (R-TX), Paul Ryan (R-WI) and Kevin Brady (R-TX) announcing introduction of H.R. 5515, the “New Employee Verification Act” (NEVA). The bill would replace the federal government’s current employer verification process with a new electronic verification system, the Electronic Employment Verification System (EEVS).

Under the bill, employers would use the state “new hire” reporting process, which is currently used for child support enforcement, to access EEVS. This would allow employers to confirm the work eligibility of U.S. citizens through the Social Security Administration database and that of non-citizens through the Department of Homeland Security (DHS) database.

In addition, the bill also would create a voluntary biometrics option that employers could choose to use in the verification process. This system would include a standard background check and the collection of a “biometric” characteristic — such as a thumbprint — to secure an employee’s identity and prevent the illegal use a Social Security number, stolen or fraudulently-obtained drivers’ license, or altered identification documents. To protect employers from liability, the legislation would provide employers a safe harbor.

Other key NEVA provisions of interest to HR professionals include:

Allows the entire attestation requirements to be done electronically as well eliminates the current Form I-9.

Applies only to employer’s newly hired employees and would not require employers to re-verify all existing employees as is required by other bills.

Allows employers to check the employee through the electronic system beginning on the date of hire and ending at the end of the third business day after the employee has reported to work.

Provides that federal immigration law preempts any state law in regard to employer fines or sanctions for immigration-related issues or in requiring employers to verify work status or identity for work authorization purposes.

Requires employers to be responsible only for the hiring decisions of their own employees, not those of their subcontractors.

Click HERE for more information on the bill from the House Ways and Means Committee’s website. For an in-depth summary of the bill’s provisions, click HERE.