The latest innovation in employment immigration law by the Federal Government  immigration law is the free program run by the Federal government called E-Verify (also known as Self Check), an internet based system designed to give workers online access to their employment eligibility information before they apply for a job.  The benefit is that workers can correct any issues or errors in their eligibility status prior to a problem arising, thus saving time and paperwork along the way.  But as with any automated online system, fraud has become a major concern for workers, employers, and the government.

The E-Verify program began in 1997 as a pilot program along with several other programs that tried to prevent undocumented aliens from being hired.  The E-Verify program is now operated by the Department of Homeland Security and the Social Security Administration.  Several states require it for certain state agencies, but employers across the nation can voluntarily participate.  Currently, more than 240,000 employers use E-Verify, with more than 1,400 new employers being added every week.

How E-Verify Self Check Works

The online system compares an employee’s Employment Eligibility Verification Form I-9 to data contained in United States government records. When the information matches, the employee is eligible to work in the United States. When there is a non-match, E-Verify Self Check notifies the employer or employee (depending on who submitted the check), and the employee is allowed to work temporarily until the issue is resolved.  The employee must contact the correct agency within eight days to address the problem.

Use of E-Verify

Since 2007, all Federal agencies have been required to use the system, and several state governments require it now as well. However, participation in E-Verify is still voluntary for most employers. One noted controversy is that since some states are beginning to require employers to use E-Verify, employment practices will vary from state to state.

However, if you wish to use E-Verify, when an employee is hired, a Form I-9 must be completed. The information from this Form is then entered into E-Verify, where it is compared against millions of government records to confirm eligibility for employment. Since 2007, biometric data has also been used in the program, and the Federal government has been considering cross referencing states driver’s license records as further checks on eligibility status.

There are several ways foreign workers can obtain permission to work in the United States, such as through practical training programs for students and workers, including the H-1B Visa program.

Fraud concerns with E-Verify

A major controversy arose when states, such as Arizona, passed laws requiring all employers state-wide to use E-Verify for all employees.  Many disapprove, noting that there are still fraud concerns that should be addressed before requiring all employers to participate in E-Verify.  A December 2010 study by the Government Accountability Office confirmed that the program is susceptible to identity fraud due to internal problems, as well as the ability for employees to borrow or even steal legitimate documents from others and mistakenly be confirmed as eligible to work.

To learn more about immigration law and E-Verify Self Check, contact The Law Firm of Annapolis. We provide immigration law services in the Annapolis and Baltimore, Maryland areas.

Faced with growing frustration over the management of immigration laws and enforcement at the federal level, individual states have begun a very controversial process of passing their own immigration laws at the state level.   Immigration has always been considered an issue to solely be addressed at the federal level, but this rash of newly enacted state laws has brought this discussion to the political arena across the United States.  In this article, we will take a closer look at the states that have already passed their own immigration laws.

Arizona is the first to act with SB 1070

It’s no secret that Arizona, with its border to Mexico, has a vested interest in the status of immigration laws and enforcement.  Arizona also faces a well documented problem of illegal immigrants living in the state, with estimates of as many as 500,000 currently residing there (a 10 fold increase since 1990).  As such, it should be no surprise that Arizona was the first state to pass its own immigration law.  The Support Our Law Enforcement and Safe Neighborhoods Act (Arizona SB 1070) was passed into law in Arizona in 2010 and signed by the governor. By most accounts, the act was the strictest and broadest anti-immigration measure passed in America in recent history.

The Arizona immigration enforcement law has several key provisions:

• It makes it a state misdemeanor crime for an alien to be in Arizona without carrying documentation established legal residency
• It requires that state law enforcement officers attempt to determine an individual’s immigration status during a lawful stop, detention, or arrest when there is reason to believe that the individual is an illegal alien
• It establishes greater restrictions on those transporting, sheltering, or hiring illegal aliens
• It bars state or local officials from restricting enforcement of federal immigration laws

While the law had support in Arizona and throughout the United States, critics contend that the law encourages and permits racial profiling.  Legal challenges, including one by the United States Department of Justice followed based.

Alabama follows suit

Alabama passed its version of the Arizona law in 2011.  Some of the features of the Alabama law that are similar to Arizona include the provisions regarding business licensing and E-verify, which both were upheld in Arizona.

While a Federal judge has refused to block some provisions of the Alabama law, representatives of family and children’s advocacy groups claim the law is an attack on immigrant children and families.  Just this past week (October 7, 2011) the Obama Administration has officially asked an appeals court to halt the Alabama immigration law, saying it could have dire diplomatic consequences abroad, as it invites discrimination and forces illegal immigrants into neighboring states.

Georgia & South Carolina come next

Georgia and South Carolina have also passed their own immigration laws in 2011.  However, a Federal judge has already stepped in with the Georgia controversy to block some key provisions of the law. However, most of the law has still gone into effect, pending further legal challenges.

More Changes to Come

There is no doubt that, given this trend, more lawsuits and legal battles are soon to come regarding the issue of states passing immigration enforcement laws.  Some immigration experts believe that these local, state laws actually exacerbate immigration enforcement problems by confusing the legal issues surrounding undocumented aliens within one state.  On the other hand, state officials claim they have no choice but pass their own laws as a result of the Federal government’s failure to address the country’s growing immigration controversies.

For more information about immigration laws as they are enforced in Maryland, contact The Law Firm of Annapolis. We provide immigration law services in the Annapolis & Baltimore, Maryland area, including E-verify compliance and concerns

The H-2A and H-2B Visa Programs set the guidelines for those individuals seeking non-immigrant, or temporary worker status in the United States. The H-2A program grants U.S. employers permission to bring foreign workers into the United States to work in temporary agricultural jobs. The H-2B program serves the same purpose, but for temporary non-agricultural jobs. To facilitate these programs the U.S. Citizenship and Immigration Services department only allows nationals from countries approved by the Secretary of Homeland Security to participate in these programs. In 2011, a new list of countries approved for these programs for the following year was announced.

Approved Countries

As of January 18, 2011, the following list of countries was approved, and nationals from these countries are allowed to participate in the program:

Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.

Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

The Department of Homeland Security and the Department of State excluded Indonesia from this list, rescinding their prior approval for participation in the program.

Special Approval

If a person currently holds a valid H-2A or H-2B visa, this new list does not affect their status. Individuals from countries not on the approved lists may be admitted under the visa programs, but only if the Secretary of Homeland Security determines that it is in the best interest of the United States.

The Law Firm of Annapolis provides immigration law services in the Annapolis & Baltimore, Maryland area.  If you have questions about the H-2A or H-2B program, or any other visa or immigration related questions, please contact us today and one of our immigration attorneys will be happy to discuss what options you may have to apply for a visa.