Mandatory E-Verify for all employers

(a) In general Any person or other entity hiring, recruiting, or referring an individual for employment in the United States shall utilize E-Verify in accordance with this section. (b) Implementation timeline (1) Hiring Except as provided in paragraphs (3) and (4), an employer shall use E-Verify whenever hiring an individual for employment in the United States beginning— (A) on the date that is 6 months after the date of the enactment of this Act if the employer has 10,000 or more employees in the United States on such date of enactment; (B) on the date that is 9 months after the date of the enactment of this Act if the employer has at least 500 employees in the United States and fewer than 10,000 employees in the United States on such date of enactment; (C) on the date that is 1 year after the date of the enactment of this Act if the employer has at least 20 employees in the United States and fewer than 500 employees in the United States on such date of enactment; (D) on the date that is 18 months after the date of the enactment of this Act if the employer has at least 1 employee in the United States and fewer than 20 employees in the United States on such date of enactment; and (E) on the date that is 1 year after the date of the enactment of this Act for any new employer. (2) Recruiting and referring Except as provided in paragraph (3), the requirement under subsection (a) shall apply to a person or other entity recruiting or referring an individual for employment in the United States beginning on the date that is 1 year after the date of the enactment of this Act. (3) Agricultural labor or services Notwithstanding paragraph (1), the requirement under subsection (a) shall not apply to the verification of employment eligibility for employees performing agricultural labor or services until on or after the date that is 18 months after the date of the enactment of this Act. (4) Critical infrastructure The Secretary of Homeland Security shall authorize and direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to use E-Verify whenever hiring an individual for employment in the United States on or after the date that is 6 months after the date of the enactment of this Act. (5) Use of contract labor Any employer that uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States after the applicable effective date under paragraphs (1) through (4) shall certify, in such contract, subcontract, or exchange, that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. (6) Transition rule Any person or other entity hiring, recruiting, or referring an individual for employment in the United States before the applicable effective date under paragraphs (1) through (4) shall be subject to any other provision of Federal law requiring the person or entity to participate in the E-Verify Pilot Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the date of the enactment of this Act, including Executive Order 13465 (8 U.S.C. 1324a note), and all references to the E-Verify Pilot Program or a requirement to participate in an employment verification program, shall be deemed to refer to the E-Verify program established under section 401 of such Act. (c) Early compliance (1) Former e-Verify required users, including Federal contractors Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall require employers required to participate in E-Verify described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to use E-Verify (and comply with any additional requirements of such Federal acquisition laws and regulation). (2) Former e-Verify voluntary users and others desiring early compliance Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall provide for the voluntary use of E-Verify by employers voluntarily electing to participate in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before such date, and by other employers seeking voluntary early compliance.