E-Verify process

Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows: (b) Employment eligibility verification process (1) New hires, recruitment, and referral A person or other entity hiring, recruiting, or referring an individual for employment in the United States shall be subject to the following requirements: (A) Attestation after examination of documentation (i) Attestation During the verification period, the person or entity shall attest, by either a handwritten or electronic signature, under penalty of perjury, on a form, including electronic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Mandatory E-Verify Act of 2026, that the person or entity has verified that the individual is not an unauthorized alien by— (I) (aa) obtaining from the individual the individual’s Social Security account number or United States passport number and recording the number on the form; (bb) if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; (II) examining, in a manner prescribed by the Secretary— (aa) a document described in clause (ii) that relates to the individual presenting the document; or (bb) a document described in clause (iii) that relates to the individual presenting the document and a document described in clause (iv) that relates to the individual presenting the document; and (III) matching the photograph on a document described in subclause (II) that relates to the individual presenting the document with a photograph of such individual, if such photograph is available through the E-Verify Program. (ii) Documents evidencing employment authorization and establishing identity A document described in this clause is an individual’s— (I) unexpired United States passport or passport card; (II) unexpired permanent resident card that contains a photograph; (III) unexpired employment authorization card that contains a photograph; (IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I–94 or Form I–94A, or other documentation as designated by the Secretary specifying the alien’s nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; (V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I–94 or Form I–94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or (VI) other document designated by the Secretary of Homeland Security, if the document— (aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; (bb) is evidence of authorization of employment in the United States; and (cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. (iii) Documents evidencing employment authorization A document described in this clause is an individual’s Social Security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). (iv) Documents establishing identity of individual A document described in this clause is— (I) an individual’s unexpired State issued driver’s license or identification card if the license or card contains a photograph and personally identifying information, such as name, date of birth, gender, height, eye color, and home address; (II) an individual’s unexpired U.S. military identification card that contains a photograph; (III) an individual’s unexpired Native American tribal identification document that contains a photograph and was issued by a tribal entity recognized by the Bureau of Indian Affairs; or (IV) in the case of an individual who is younger than 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. (v) Authority to prohibit use of certain documents If the Secretary of Homeland Security finds, by regulation, that any document described in clause (ii), (iii), or (iv) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. (B) Individual attestation of employment authorization (i) In general During the verification period, the individual shall— (I) attest, by either a handwritten or electronic signature, under penalty of perjury, and on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment; and (II) provide his or her Social Security account number or valid United States passport number. (ii) Other identification If the individual does not attest to United States nationality under clause (i), the individual shall provide the identification or authorization number established for the alien by the Department of Homeland Security, as specified by the Secretary. (C) E-Verify redesign The Secretary is authorized to issue regulations allowing any person or other entity hiring, recruiting, or referring an individual for employment and the individual to comply with this section through an updated digital verification system that requires the submission of— (i) the information required under subparagraph (A)(i)(I); (ii) the documentation required under subparagraph (A)(i)(II); and (iii) the matching of any available photos with any photo contained in any document presented for identity or employment verification purposes. (D) System responses (i) Confirmation received If a person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the specified period, the person or entity shall record, on the form designated or established for purposes of subparagraph (A), an appropriate code provided by the system that indicates a final confirmation of such identity and work eligibility of the individual. (ii) Tentative nonconfirmation (I) In general If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the specified period, the person or entity shall— (aa) inform the individual for whom the verification is sought of such nonconfirmation; (bb) if the individual does not contest the nonconfirmation within 10 business days after receiving such tentative nonconfirmation, record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation; and (cc) if the individual does contest the nonconfirmation during such period, refer the individual to the secondary verification process described in subsection (d)(2)(B). (II) Duration A nonconfirmation described in subclause (I) shall remain tentative until a final confirmation or nonconfirmation is provided by the verification system not later than 10 business days after the issuance of a tentative nonconfirmation. (III) Not grounds for termination An employer may not terminate the employment of an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a termination of employment for any reason other than because of such failure. (IV) Not grounds for rescission of offer An employer may not rescind an offer of employment to an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a rescission of an offer of employment for any reason other than because of such failure. (iii) Final confirmation or nonconfirmation received If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. (iv) Extension If a person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first 5 subsequent business days in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (v) Termination upon final nonconfirmation Not later than 3 business days after receiving a final nonconfirmation regarding an individual, the person or entity shall terminate the employment of the individual (or decline to recruit or refer the individual). (E) Defined term (i) Verification period In this paragraph: (I) In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences. (II) In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is 3 business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii). (ii) Job offer may be conditional A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. (iii) Contact information A person or other entity, upon making an offer of employment to a prospective employee under clause (ii), shall submit to E-Verify the contact information of the prospective employee, including an email address or a telephone number, so that E-Verify can notify the prospective employee in the case of a tentative nonconfirmation. (iv) Special rule Notwithstanding clause (i)(II), if a United States citizen, a lawful permanent resident, or an alien who is authorized for employment provides evidence from the Social Security Administration that such individual has applied for a Social Security account number, the verification period shall end on the date that is 3 business days after the date on which the individual receives the Social Security account number. (2) Reverification for individuals with limited work authorization (A) In general Except as provided in subparagraphs (B) and (C), a person or entity shall use E-Verify to seek reverification of the employment eligibility of all individuals with a limited period of work authorization employed by the person or entity not later than 3 business days after the date on which the employee’s prior work authorization expires. (B) Effective date Employers shall be subject to the requirement under subparagraph (A) beginning on the date on which the employer is required to use E-Verify pursuant to section 3 of the Mandatory E-Verify Act of 2026. (C) Reverification Paragraph (1)(C) shall apply to reverifications under this paragraph on the same basis as it applies to verifications under paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph. (3) Previously hired individuals (A) On a mandatory basis for certain employees (i) In general Not later than the date that is 6 months after the date of the enactment of the Mandatory E-Verify Act of 2026, an employer shall use E-Verify to seek verification of the identity and employment eligibility of any individual described in clause (ii) who is employed by the employer and whose employment eligibility has not been verified under 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). (ii) Individuals described An individual described in this clause is— (I) an employee of any unit of a Federal, State, or local government; (II) an employee who requires a Federal security clearance working in a Federal, State or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers— (aa) to carry a Transportation Worker Identification Credential; or (bb) to have access to a Secure Identification Display Area; or (III) an employee assigned to perform work in the United States under a Federal contract, except that this subclause— (aa) is not applicable to individuals who normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and (bb) only applies to contracts in excess of the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations). (B) On a mandatory basis for multiple users of same social security account number An employer who is required to use E-Verify, or has elected voluntarily to use E-Verify, shall make inquiries to the system in accordance with the following: (i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a Social Security account number to which more than 1 employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee’s identity may have been stolen. The notice may not include information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. (ii) If the person to whom the Social Security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the Social Security account number was used without his or her knowledge, the Secretary and the Commissioner shall— (I) lock the Social Security account number for employment eligibility verification purposes; and (II) notify the employers of the individuals who wrongfully submitted the Social Security account number that the employee may not be work eligible. (iii) Each employer receiving notification of an incorrect Social Security account number under clause (ii) shall use E-Verify to check the work eligibility status of the applicable employee not later than 10 business days after receiving the notification. (C) On a voluntary basis (i) In general Subject to paragraph (2) and subparagraphs (A) and (B), an employer may make an inquiry through E-Verify to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall— (I) seek verification of all individuals employed by the employer; and (II) notify E-Verify whether the individual is an existing or prospective employee. (ii) Effect of verification decision An employer’s decision not to voluntarily seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. (D) Verification Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph. (4) Copying of documentation permitted Notwithstanding any other provision of law, the person or entity— (A) may copy a document presented by an individual under this subsection; and (B) may retain the copy for the purpose of complying with the requirements under this subsection. (5) Limitation on use of forms A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for the enforcement or administration of this Act and any other provision of Federal or State criminal law. (6) Good faith compliance (A) In general Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. (B) Exception if failure to correct after notice Subparagraph (A) shall not apply if— (i) the failure is not de minimis; (ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimis; (iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and (iv) the person or entity has not corrected the failure voluntarily within such period. (C) Exception for pattern or practice violators Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violating paragraph (1)(A) or (2) of subsection (a)..