1. The Department of Homeland Security
(DHS) requests clearance from the Office of Management and Budget
(OMB) to conduct the most recent in a series of evaluations of
employment verification programs referred to as the Study of
Employment Eligibility (SEE). The original evaluations of pilot
employment verification programs were mandated in Title IV of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), which required the then Immigration and Naturalization
Service (INS) to establish three pilot employment verification
programs. The current E-Verify Program has built upon these
evaluations, assessing changes to the program, and continuing to
determine the extent to which program goals were met. There is
interest on the part of Congress in expanding the current program
and possibly instituting mandatory employment verification for all
or a substantial percentage of the nation's employers. Currently,
the Federal government mandates the use of E-Verify by most Federal
contractors, and five states have passed legislation mandating the
use of E-Verify for all employers. o Effective January 1, 2008, the
Legal Arizona Workers Act mandated the use of E-Verify for all
Arizona employers. o Mississippi began phasing in the E-Verify
mandate for its employers based on size beginning with larger
employers. Effective July 1, 2008, Mississippi employers with 250
or more employees were required to use E-Verify; all employers in
Mississippi were required to use E-Verify by July 1, 2011. o South
Carolina required all state contractors to use E-Verify effective
January 1, 2010, and will require all employers to use E-Verify
effective January 1, 2012. o Alabama will require all state
contractors to use E-Verify effective January 1, 2012, and will
require E-Verify use for all employers effective April 1, 2012. o
Tennessee will begin to phase in the E-Verify mandate for its
employers based on size beginning with larger employers. Employers
with 500 or more employees will be required to use E-Verify
effective January 1, 2012; employers with 200 to 499 employees will
be required effective July 1, 2012; and employers with 6 to 199
employees will be required effective January 1, 2013. Employers
with fewer than 6 employees will not be required to use
E-Verify.
This is a new information
collection (survey) therefore there will be an increase of 1,400 in
the annual burden hours. There is no change in the information
being collected. There is interest on the part of Congress in
expanding the current program and possibly instituting mandatory
employment verification for all or a substantial percentage of the
nation's employers. Currently, the Federal government mandates the
use of E-Verify by most Federal contractors, and five states have
passed legislation mandating the use of E-Verify for all
employers.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.