Modification of E–Verify Program

(a) Making permanent Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking the last sentence. (b) Application to current employees (1) Voluntary election The first sentence of section 402(a) of such Act is amended to read as follows: Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E–Verify Program.. (2) Benefit of rebuttable presumption Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: If a person or other entity is participating in the E–Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.. (3) Scope of election Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: (A) In general Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)— (i) to all its hiring (and all recruitment or referral); (ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); (iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or (iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).. (4) Procedures for participants in E–Verify Program Subsection (a) of section 403 of such Act is amended— (A) in the matter preceding paragraph (1), by inserting or continued employment in the United States after United States; and (B) in paragraph (3)— (i) in subparagraph (A), by striking all that follows (as specified by the Secretary of Homeland Security) and inserting after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).; and (ii) in subparagraph (B), by striking such 3 working days and inserting the specified period. (c) Application to job applicants Section 402(c)(2) of such Act is amended by adding at the end the following: (C) Job offer may be made conditional on final confirmation by E–Verify A person or other entity that elects to participate in the E–Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404..