2010 Review and E-Verify Update: Self-Check Coming Soon?

In the December 2009 issue of the Immigration eAuthority, we reported on likely immigration changes during 2010. Several projected items turned out to be true: government audits continued and expanded; a photo matching tool was introduced to E-Verify (see the November 2010 issue of the Immigration eAuthority), and employer participation in E-Verify has continued to expand. However, several items the government indicated would occur in 2010 did not. United States Citizenship and Immigration Services (USCIS) has not yet implemented an electronic registration program for petitions subject to the H-1B cap (although there is still time for implementation in early 2011 for next year’s cap). The E-Verify Self Check Program whereby a worker would be able to check his or her own name in E-Verify to resolve any discrepancies was not implemented. Finally, no significant immigration reform took place (for example, the so-called DREAM Act, which would provide a pathway to legal status for certain persons who came to the United States as minors effectively stalled in the Senate just a few days ago, meaning the legislation will not be acted on by the current Congress).

USCIS does continue to move forward on some of these initiatives. A Notice of Information Collection for the E-Verify Self-Check program was published in the Federal Register on October 1 and it thus appears more likely that it will be implemented in 2011. We will continue to report on significant developments in the E-Verify program as predicted modifications and expansion continue in 2011.