Recommendation # 3: Universal E-Verify Requirement
Require E-Verify for all new employees by all employers. If an employer knowingly hires an unauthorized person after enactment of the statute, the employer shall be fined $200 per day for each day that the employee remains on the payroll. Employees hired prior to the enactment of the law will have 180 days after enactment of the statute to provide proof of legal status (or proof of application for such status followed by proof of status within an additional 180 days). An employee’s failure to provide proof of legal status or proof of application for such status will require the employer to terminate the employee. The employer will not be subject to any fines during this interim period if the employer ensures compliance by all employees within 360 days after enactment of the statute.
Current Situation:
All employers must review documents provided by their new hires to verify the worker’s identity and employment authorization. Employers and new hires then must complete I-9 forms. Employers participating in E-Verify must submit the new hire’s name, date of birth, Social Security number, immigration/citizenship status, and alien number (if applicable) from the I-9 form for confirmation.
The number of employers enrolled in E-Verify has grown dramatically in recent years, from 5,272 employers representing 22,710 hiring sites in January 2006 to 432,256 employers representing 1,300,871 hiring sites by February 2013. The current number of firms participating in E-Verify represents about 8 percent of U.S. employers.
Expected Results:
1. Requiring all employers to participate in E-Verify will ensure that all of their employees are authorized to work in the United States and are paying taxes.
2. Enhanced capability of all government agencies to verify the lawful employment status of all workers in the United States.
3. Individual applicants for jobs will be quickly identified as eligible and will not have problems with jobs due to lack of proper identification.
Current Situation:
All employers must review documents provided by their new hires to verify the worker’s identity and employment authorization. Employers and new hires then must complete I-9 forms. Employers participating in E-Verify must submit the new hire’s name, date of birth, Social Security number, immigration/citizenship status, and alien number (if applicable) from the I-9 form for confirmation.
The number of employers enrolled in E-Verify has grown dramatically in recent years, from 5,272 employers representing 22,710 hiring sites in January 2006 to 432,256 employers representing 1,300,871 hiring sites by February 2013. The current number of firms participating in E-Verify represents about 8 percent of U.S. employers.
Expected Results:
1. Requiring all employers to participate in E-Verify will ensure that all of their employees are authorized to work in the United States and are paying taxes.
2. Enhanced capability of all government agencies to verify the lawful employment status of all workers in the United States.
3. Individual applicants for jobs will be quickly identified as eligible and will not have problems with jobs due to lack of proper identification.
Recommendation # 4: Expedited Removal for future overstays
All persons entering the United States without authorization or overstaying their nonimmigrant authorized stay AFTER date of enactment of the statute shall be subject to expedited removal. Such persons also shall be required to pay the cost of their expedited removal plus a fee of $100 for each day they remained unlawfully in the United States. These costs must be paid to the U.S. Government prior to reentry into the United States.
Current Situation:
Currently, no such penalty exists and thus there is no incentive for such persons to return to their home countries.
Expected Results:
1. Fewer nonimmigrant visitors will overstay their authorized nonimmigrant stay.
2. The threat of a fine and required reimbursement of removal costs will provide a strong financial incentive for nonimmigrant visitors to voluntarily depart the United States before they are out of status.
3. If such individuals do overstay and undergo expedited removal, these violators will be less likely to return because of the requirement to pay the $100-per-day fine and the reimbursement of removal costs.
For media inquiries or further information please contact Prakash Khatri at 202-470-0431 or email him at prakash@khatrilaw.com . We welcome support and corporate funding to develop these ideas further. MyUSA1.com is owned by Prakash Khatri of Khatri Law Firm, LLC ( www.khatrilaw.com ).