Jan 24, 2014

Both New and Revised Memoranda of Understanding Released for E-Verify Users

On December 8, 2013, the United States Citizenship and Immigration Services (“USCIS”) released three new and three revised Memoranda of Understanding (“MOUs”) regarding its E-Verify program.  For those that are unaware, E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification. Thew new and revised MOUs can be accessed by clicking here.

The revised MOUs pertain to E-Verify Employers, E-Verify Employer Agents, and employers using an E-Verify Employer Agent. The new MOUs pertain specifically to Web Services Employers, Web Services E-Verify Employer Agents, and Employers using a Web Services E-Verify Employer Agent.  The MOUs explain certain features of the E-Verify program and describe specific responsibilities of the employers and employer-agents, the Social Security Administration, and the Department of Homeland Security.

Most of the revisions are intended to provide better structural organization and improved language in order to make the MOUs clearer and easier to understand.  The USCIS specifically states that the new MOUs contain titles that clearly identify the access method to which the MOU applies, clearer language and active voice to improve readability, and letters and numbers rather than bullet points to make searching and citation easier.  Additionally, both the new and revised MOUs include updated privacy provisions and instructions for reporting privacy and security breaches.

New users of E-Verify are required to review and execute the new or revised version of the MOU applicable to their method of access.  However, it is important to note that the enrollment process has not changed.  Existing users are not required to execute the new or revised version of the MOU, but are bound by the terms of the MOU applicable to their access method.  If you have any questions or concerns regarding these changes to the E-Verify program, please do not hesitate to contact your Labor and Employment Counsel at Smith, Gambrell & Russell, LLP.

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