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.
ATTACHMENT E- revemail from Westat and letter from USCIS.docx
30-Day FRN 1615-NEW Pub 2012-4-3.pdf
Reference Citation.doc
E-Verify 2012 Web User Survey