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MARCH 26, 2010

Study Finds E-Verify Fails to Identify Unauthorized Workers

The Department of Homeland Security’s E-Verify program has come under renewed scrutiny after a recent independent study by the group Westat put its inaccuracy rate for unauthorized workers at about 54%. The program provides a web-based system for employers to determine whether newly hired employees are authorized to work in the United States. The system verifies employee information from the I-9 form against Social Security Administration and DHS databases. Participation is voluntary for most employers, but required for federal contractors and certain employers in select states and municipalities that mandate use of E-Verify within their jurisdictions. As of March 17, 2010, more than 192,000 employers at nearly 705,000 worksites were using E-verify. The independent study found that about one-half of unauthorized workers run through E-Verify receive an inaccurate finding of being work authorized. According to the report, unauthorized workers are able to obtain employment by committing identity fraud that cannot be detected by E-Verify. DHS has responded to these findings by agreeing to add more photos to the system, partnering with states on data-sharing initiatives to prevent identity theft, and developing other methods to prevent stolen identities from being used in the system. For employers deciding whether to use E-Verify, the recent study highlights that identity theft remains an issue, particularly if their primary motivation for enrolling is to better ensure they are able to maintain a legal workforce. The decision to enroll depends on various factors and their specific impact on each business.

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New DS-160 Visa Application Form Challenges Visa Applicants

Applicants with nonimmigrant visa appointments have encountered significant technical problems with the new DS-160 online visa application since March 1 when a large number of U.S. consulates began requiring use of the new online form. The volume of new applications has overloaded the electronic system. The State Department’s Visa Office has acknowledged the disruption caused by these problems and continues to work on fixing the DS-160. As an interim measure, many consular posts with the exception of those in Mexico have agreed to accept the old paper application forms if visa applicants are unable to complete the new form. Applicants continuing to experience problems with the electronic form should check with the consulate’s website to verify that the post will accept the old forms. If unresolved, these technical problems will delay the April 30 deadline for making the online DS-160 mandatory at all remaining consular posts. For more information on completing the new DS-160 application, applicants should review the list of FAQs at: http://travel.state.gov/visa/frvi/forms/forms_4401.html.

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President Obama Extends Liberian DED

On March 19, President Obama announced an 18-month extension of Deferred Enforced Departure for eligible Liberians who would have otherwise faced deportation at the end of the month. Liberians who qualify for this temporary protection have been in the United States legally since 1991 under DED or earlier temporary protected status, and the administration emphasized compelling policy reasons for its decision to extend the program. Based on this development, USCIS has granted an automatic six-month extension of employment authorization, permitting those covered to continue working while they file applications to renew their employment authorization documents. The 18-month extension of DED applies to Liberian nationals who held Temporary Protected Status as of September 30, 2007. Liberian DED has been extended three times since 2007, and the program will now continue through September 30, 2011.

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