H.R.5515 - New Employee Verification Act of 2008

To amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, to amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other purposes. view all titles (2)

All Bill Titles

  • Short: New Employee Verification Act of 2008 as introduced.
  • Official: To amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, to amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other purposes. as introduced.

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02/27/08
 
 
 
 
 
 
 

Official Summary

2/28/2008--Introduced.New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility V

Official Summary

2/28/2008--Introduced.
New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act). Permits employers subject to employee verification requirements to do so under EEVS or SEEVS. Sets forth provisions respecting:
(1) voluntary and expedited participation;
(2) employer penalties for failure to participate in EEVS or SEEVS;
(3) employer and employee information and document requirements;
(4) employer liability protection;
(5) attestation; and
(6) consequences of EEVS determinations. States that nothing in this Act shall be construed to require a national identification card. Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires. States that EEVS shall have the capacity to determine whether:
(1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and
(2) the individual is a citizen or national or is not an unauthorized alien. Sets forth provisions respecting:
(1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations;
(2) administrative and judicial review of employment disapproval;
(3) EEVS implementation; and
(4) data use by EEVS. Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees Permits an employer to opt out of SEEVS after one year's participation. Sets forth provisions respecting:
(1) certification of entities;
(2) database management, including limitations on accessibility and the use and storage of biometric data;
(3) employer responsibilities;
(4) employee protections; and
(5) information security and confidentiality, including penalties for violations. Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act. Amends INA to:
(1) apply certain antidiscrimination provisions to EEVS and SEEVS;
(2) increase civil money penalties for unfair employment practice violations;
(3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and
(4) increase criminal penalties for pattern or practice violations. Amends SSA to:
(1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information;
(2) deny credit toward earnings benefits from unauthorized work;
(3) revise totalization agreement provisions; and
(4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.


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Recent News Coverage

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03/15/08
Immigration and Leave Policy Top Agenda for Human Resource Leaders ...

... more than The key issue SHRM's members from all over the country will be talking about today is the "New Employee Verification Act" (NEVA, HR 5515). ...

Source: PR-Inside.com (Pressemitteilung), Austria
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03/11/08
The Outlook for New Employment Legislation in 2008

The bill for employment verification favored by SHRM is the New Employee Verification Act of 2008 (HR 5515), or NEVA. NEVA would create a new electronic ...

Source: HR.BLR.com
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03/11/08
Immigration and Leave Policy Top Agenda for Human Resource Leaders ...

The key issue SHRM’s members from all over the country will be talking about today is the “New Employee Verification Act” (NEVA, HR 5515). ...

Source: Business Wire (press release), CA
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Recent Blog Coverage

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12/15/08
Quick poll: Using E-verify | HRMorning.com | Your daily dose of HR

I support HR 5515 New Employee Verification Act (NEVA). SHRM is behind it and I agree wholeheartedly! Employers can use the state “new hire” reporting process, which is currently used for child support enforcement, ...

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11/12/08
Reducing Illegal Immigration Through Employment Verification ...

[40]The New Employment Verification Act of 2008 (NEVA, H.R. 5515), for example, would prohibit state employment verification. [41] A related tactic is for an illegal immigrant to provide a real but stolen Social Security number with a ...

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10/14/08
Democratic US House members from Kansas, Moore and Boyda, spent ...

letters - HR 5515 Employee verification act, HR 5740 Vet Education Asst. Act, HR 6633 E Verify Congressional Update - 8 x 9 full color open up mailer 9 robocalls - did four on just one meeting: notice, invitation, intro to issue and him ...

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