New Employee Verification Act (NEVA) Introduced in Congress

"The New Employee Verification Act" (H.R. 5515) was introduced by Rep. Sam Johnson of Texas February 28, 2008. "NEVA" would amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and it would improve coordination of the provisions of these laws. It creates a mandatory employment verification system for all US employers.

This bill, sponsored by the Society of Human Resources Management (SHRM) led interest group "Human Resource Initiative for a Legal Workforce," is purported to be an important step forward for business because in the absence of immigration reforms, individual states and municipalities have passed their own legislations, creating a confusing patchwork of regulations for larger employers.

Under this Federalization, employers would be required to confirm the legal status of prospective employees by checking identification data through their state's "new hire" reporting program. An existing system, "E-Verify," is a voluntary and free program of the Department of Homeland Security and Social Security, but relies on a less current database. Under the 1986 Immigration Control and Reform Act (IRCA), employers are required to verify the employment eligibility of all new hires, but this is a paper-based process (Form I-9) which is riddled with possibility for error - documents listed as acceptable, may or may not be. The new verification system would be administered by the Social Security Administration.

Supporters also suggest this legislation would preclude a national identification card and would fight identity theft through the creation of a Secure Electronic Employment Verification System (SEEVS) which would use a biometric characteristic to lock an employee's identity.

The "E-verify" authorization expires at the end of 2008, but Representative Health Schuler has introduced the Secure America through Verification and Enforcement (SAVE) Act (H.R. 4088) which would make E-Verify the permanent system and would retain the paper based Form I-9, in direct competition with NEVA.

SAVE is supported by the National Association of Professional Background Screeners (NAPBS) who are currently working against NEVA. While NAPBS asserts that E-Verify is a decent program which is continually improving, SHRM finds E-Verify is error prone with employers subject to severe penalties for the system's mistakes, with legal employees sometimes denied employment because of systematic errors. According to SHRM Chief External Affairs Officer William J. Maroni, the Social Security System database - the backbone of e-verify - has a 4.1 percent data error rate.

The bill would also would amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits and to make improvements in provisions governing totalization agreements. Totalization agreements are International Social Security agreements that eliminate a worker from one country who works in another from paying Social Security taxes to both countries on the same earnings and these agreements fill gaps in benefit protection for workers who have divided their careers between the United States and another country.

RESOURCES:

http://www.ssa.gov/international/agreements_overview.html

http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm

http://www.shrm.org/government/2008_Employment_Verification_Booklet.pdf

http://www.pr-inside.com/immigration-and-leave-policy-top-agenda-r487220.htm

http://blog.employeescreen.com/?p=232

http://mcmillion-hirtensteiner.com/labor-news/2008/03/human-resource-experts-testify-in.html

http://www.uscis.gov/files/form/i-9.pdf