H.R.2164 - Legal Workforce Act

To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. view all titles (2)

All Bill Titles

  • Short: Legal Workforce Act as introduced.
  • Official: To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. as introduced.

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Bill’s Views

  • Today: 2
  • Past Seven Days: 9
  • All-Time: 8,985
 
Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
06/14/11
 
 
 
 
 
 
 

Sponsor

Representative

Lamar Smith

R-TX

View Co-Sponsors (64)

Official Summary

Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) Requires an employer t

Official Summary

Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by:
(1) obtaining and recording the individual's social security account number, and
(2) examining specified documents that establish such individual's identity and employment authorization. Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States. Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment. Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.) Requires reverification of the following workers who have not been verified under E-verify:
(1) federal, state, or local government employees;
(2) certain employees who require a federal security clearance; and
(3) certain employees assigned to work in the United States under a federal or state contract. Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed). Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies. Requires EEVS to provide employers with:
(1) temporary verification or nonverification within 3 working days of an inquiry; and
(2) in the case of nonverification, a final verification or nonverification within 10 working days. Sets forth provisions regarding:
(1) an employer utilizing a good faith defense,
(2) preemption of state or local law,
(3) employer penalties, and
(4) worker remedies for EEVS errors. Provides for the establishment of programs to:
(1) block the use of misused social security numbers,
(2) suspend or limit the use of social security numbers of victims of identity fraud, and
(3) block the use of the social security numbers of certain aliens who are under order of removal, voluntarily depart, or have an expired work authorization.

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Organizations Supporting H.R.2164

  • Associated General Contractors of America
  • National Association of Home Builders
  • American Hotel and Lodging Association
  • Tree Care Industry Association
  • American Meat Institute
  • NumbersUSA
  • ...and 18 more. See all.

Organizations Opposing H.R.2164

  • National Association of Counties
  • Center for American Progress
  • Gun Owners of America
  • American Immigration Lawyers Association
  • National Council of La Raza
  • Unitarian Universalist Association of Congregations
  • ...and 122 more. See all.


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