E-Verify has 100,000 Employers : Court Challenge Pending
Posted Jan 16, 2009
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The USCIS issued an announcement in early January 2009 proclaiming that there are now over 100,000 employers who participate in the E-Verify system. E-Verify is the online system through which employers obtain verification of employment authorization for new employees. The system has recently come under attack, due to a regulation requiring government contractors and subcontractors to use the system. A lawsuit challenging the regulation was filed on December 23, 2008. The implementation of the regulation has been delayed until February 20, 2009. The issues surrounding the E-Verify program are important, particularly for F-1 students, many of whom will need to obtain positions with employers participating in E-Verify in order to request the 17-month extension of the Optional Practical Training (OPT). Information on that topic can be found in our April 18, 2008 MurthyBulletin article, eVerify Registration to Qualify for F-1 OPT Extension, available on MurthyDotCom.
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USCIS : Increased Use and Favorable Statistics
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The USCIS announcement in support of E-Verify states that the number of participating employers is growing by thousands each week. The USCIS offers statistics showing that over two million queries have been processed through the system since October 2008. Their statistics also reflect that 96.1 percent of qualified employees are cleared automatically, and 99.6 percent of work-authorized employees are verified without having to take corrective action. The USCIS points to significant past enhancements to the system, as well as additional enhancements planned for 2009.
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Legal Challenge Involving Government Contractors
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The pending legal challenge to E-Verify, entitled Chamber of Commerce of the United States of America, et al. vs. Chertoff, et al. is based upon claims of improper legal procedures and the Department of Homeland Security (DHS)'s lack of legal authority in issuing the regulation. It does not involve issues relating to the merits or flaws of the E-Verify program.
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Conclusion
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The DHS has taken a number of steps to increase the number of E-Verify employers participating in the program. For foreign students in need of employment in the U.S., increased participation by employers is helpful in obtaining the additional time on F-1 OPT for eligible science, technology, engineering, and math (STEM) graduates. Even the government's own statistics, however, reveal a program that is not operating at 100 percent accuracy. Thus, as long as problems remain, and the government takes an aggressive posture in trying to force participation, there will be legal challenges. We at the Murthy Law Firm will continue to follow developments related to the E-Verify program.