This provision will apply to requests from the employer that are made on or after September 30, 1996. The intent standard does not, however, apply to verification violations no intent to discriminate need be found for the employer to have a verification violation. The subpoenas apply to documentary evidence as well as witness testimony. All of these programs must be implemented no later than September 30, 1997. They can choose to participate with regard to all their hiring in that state or states, or can elect to choose less than all.
Employers can also choose to participate in limited ways in non-designated states.
The Attorney General has the power to reject employers for participation or to terminate their participation in the pilot programs. The only employers that have to participate are certain government entities. Affidavits of Support Affidavits of Support have long been required in many immigration cases, most notably when someone applies to become a permanent resident. The new Affidavit of Support form is not yet ready. Thus, while these new provisions are not yet effective, the Attorney General will designate an effective date 60 to 90 days from the promulgation of the new form, which will probably be sometime between March 1 and April 1 of 1997.