document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs; or 
‘‘(IV) in the case of an individual 
under 18 years of age, a parent or 
legal guardian’s attestation under pen-
alty of law as to the identity and age 
of the individual. 
‘‘(v) AUTHORITY TO PROHIBIT USE OF 
CERTAIN DOCUMENTS.—If the Secretary of 
Homeland Security finds, by regulation, 
that any document described in clause (i), 
(ii), or (iii) as establishing employment au-
thorization or identity does not reliably es-
tablish such authorization or identity or is 
being used fraudulently to an unacceptable 
degree, the Secretary may prohibit or place 
conditions on its use for purposes of this 
paragraph. 
‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a hand-written 
or electronic signature. 
‘‘(B) INDIVIDUAL ATTESTATION OF EMPLOY-
MENT AUTHORIZATION.—During the verification 
period (as defined in subparagraph (E)), the in-
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dividual shall attest, under penalty of perjury on 
the form designated or established for purposes of 
subparagraph (A), that the individual is a cit-
izen or national of the United States, an alien 
lawfully admitted for permanent residence, or an 
alien who is authorized under this Act or by the 
Secretary of Homeland Security to be hired, re-
cruited, or referred for such employment. Such 
attestation may be manifested by either a hand- 
written or electronic signature. The individual 
shall also provide that individual’s social secu-
rity account number (if the individual claims to 
have been issued such a number), and, if the in-
dividual does not attest to United States nation-
ality under this subparagraph, such identifica-
tion or authorization number established by the 
Department of Homeland Security for the alien 
as the Secretary may specify. 
‘‘(C) RETENTION
OF
VERIFICATION
FORM 
AND VERIFICATION.— 
‘‘(i) IN GENERAL.—After completion of 
such form in accordance with subpara-
graphs (A) and (B), the person or entity 
shall— 
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‘‘(I) retain a paper, microfiche, 
microfilm, or electronic version of the 
form and make it available for inspec-
tion by officers of the Department of 
Homeland Security, the Special Coun-
sel for Immigration-Related Unfair 
Employment Practices, or the Depart-
ment of Labor during a period begin-
ning on the date of the recruiting or 
referral of the individual, or, in the 
case of the hiring of an individual, the 
date on which the verification is com-
pleted, and ending— 
‘‘(aa) in the case of the re-
cruiting or referral of an indi-
vidual, 3 years after the date of 
the recruiting or referral; and 
‘‘(bb) in the case of the hir-
ing of an individual, the later of 
years 
after 
the 
date 
the 
verification is completed or one 
year after the date the individ-
ual’s employment is terminated; 
and 
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‘‘(II) during the verification pe-
riod (as defined in subparagraph (E)), 
make an inquiry, as provided in sub-
section (d), using the verification sys-
tem to seek verification of the identity 
and employment eligibility of an indi-
vidual. 
‘‘(ii) CONFIRMATION.— 
‘‘(I) CONFIRMATION RECEIVED.— 
If the person or other entity receives an 
appropriate confirmation of an indi-
vidual’s identity and work eligibility 
under the verification system within 
the time period specified, the person or 
entity shall record on the form an ap-
propriate code that is provided under 
the system and that indicates a final 
confirmation of such identity and work 
eligibility of the individual. 
‘‘(II) TENTATIVE
NONCONFIRMA-
TION
RECEIVED.—If the person or 
other entity receives a tentative non-
confirmation of an individual’s iden-
tity or work eligibility under the 
verification system within the time pe-
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riod specified, the person or entity 
shall so inform the individual for 
whom the verification is sought. If the 
individual does not contest the noncon-
firmation within the time period speci-
fied, the nonconfirmation shall be con-
sidered final. The person or entity 
shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a final 
nonconfirmation. If the individual does 
contest the nonconfirmation, the indi-
vidual shall utilize the process for sec-
ondary verification provided under 
subsection (d). The nonconfirmation 
will remain tentative until a final con-
firmation or nonconfirmation is pro-
vided by the verification system within 
the time period specified. In no case 
shall an employer terminate employ-
ment of an individual because of a 
failure of the individual to have iden-
tity and work eligibility confirmed 
under this section until a noncon-
firmation becomes final. Nothing in 
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this clause shall apply to a termi-
nation of employment for any reason 
other than because of such a failure. In 
no case shall an employer rescind the 
offer of employment to an individual 
because of a failure of the individual to 
have identity and work eligibility con-
firmed under this subsection until a 
nonconfirmation becomes final. Noth-
ing in this subclause shall apply to a 
recission of the offer of employment for 
any reason other than because of such 
a failure. 
‘‘(III) FINAL
CONFIRMATION
OR 
NONCONFIRMATION
RECEIVED.—If a 
final confirmation or nonconfirmation 
is provided by the verification system 
regarding an individual, the person or 
entity shall record on the form an ap-
propriate code that is provided under 
the system and that indicates a con-
firmation or nonconfirmation of iden-
tity and work eligibility of the indi-
vidual. 
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‘‘(IV) EXTENSION
OF
TIME.—If 
the person or other entity in good faith 
attempts to make an inquiry during 
the time period specified and the 
verification system has registered that 
not all inquiries were received during 
such time, the person or entity may 
make an inquiry in the first subse-
quent working day in which the 
verification system registers that it has 
received 
all 
inquiries. 
If 
the 
verification system cannot receive in-
quiries at all times during a day, the 
person or entity merely has to assert 
that the entity attempted to make the 
inquiry on that day for the previous 
sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(V) CONSEQUENCES OF NONCON-
FIRMATION.— 
‘‘(aa) TERMINATION OR NO-
TIFICATION
OF
CONTINUED
EM-
PLOYMENT.—If 
the 
person 
or 
other entity has received a final 
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nonconfirmation regarding an in-
dividual, the person or entity may 
terminate employment of the indi-
vidual (or decline to recruit or 
refer the individual). If the person 
or entity does not terminate em-
ployment of the individual or pro-
ceeds to recruit or refer the indi-
vidual, the person or entity shall 
notify the Secretary of Homeland 
Security of such fact through the 
verification system or in such 
other manner as the Secretary 
may specify. 
‘‘(bb) FAILURE TO NOTIFY.— 
If the person or entity fails to 
provide notice with respect to an 
individual as required under item 
(aa), the failure is deemed to con-
stitute a violation of subsection 
(a)(1)(A) with respect to that in-
dividual. 
‘‘(VI) CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONCONFIRMATION.—If 
the person or other entity continues to 
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employ (or to recruit or refer) an indi-
vidual after receiving final noncon-
firmation, a rebuttable presumption is 
created that the person or entity has 
violated subsection (a)(1)(A). 
‘‘(D) EFFECTIVE
DATES
OF
NEW
PROCE-
DURES.— 
‘‘(i) HIRING.—Except as provided in 
clause (iii), the provisions of this paragraph 
shall apply to a person or other entity hir-
ing an individual for employment in the 
United States as follows: 
‘‘(I) With respect to employers 
having 10,000 or more employees in 
the United States on the date of the en-
actment of the Legal Workforce Act, on 
the date that is 6 months after the date 
of the enactment of such Act. 
‘‘(II) With respect to employers 
having 500 or more employees in the 
United States, but less than 10,000 em-
ployees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 12 
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months after the date of the enactment 
of such Act. 
‘‘(III) With respect to employers 
having 20 or more employees in the 
United States, but less than 500 em-
ployees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 18 
months after the date of the enactment 
of such Act. 
‘‘(IV) With respect to employers 
having 1 or more employees in the 
United States, but less than 20 em-
ployees in the United States, on the 
date of the enactment of the Legal 
Workforce Act, on the date that is 24 
months after the date of the enactment 
of such Act. 
‘‘(ii) RECRUITING AND REFERRING.— 
Except as provided in clause (iii), the pro-
visions of this paragraph shall apply to a 
person or other entity recruiting or refer-
ring an individual for employment in the 
United States on the date that is 12 months 
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after the date of the enactment of the Legal 
Workforce Act. 
‘‘(iii) AGRICULTURAL LABOR OR SERV-
ICES.—With respect to an employee per-
forming agricultural labor or services, this 
paragraph shall not apply with respect to 
the verification of the employee until the 
date that is 24 months after the date of the 
enactment of the Legal Workforce Act. For 
purposes of the preceding sentence, the term 
‘agricultural labor or services’ has the 
meaning given such term by the Secretary 
of Agriculture in regulations and includes 
agricultural labor as defined in section 
3121(g) of the Internal Revenue Code of 
1986, agriculture as defined in section 3(f) 
of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(f)), the handling, planting, 
drying, packing, packaging, processing, 
freezing, or grading prior to delivery for 
storage of any agricultural or horticultural 
commodity in its unmanufactured state, all 
activities required for the preparation, proc-
essing or manufacturing of a product of ag-
riculture (as such term is defined in such 
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section 3(f)) for further distribution, and 
activities similar to all the foregoing as they 
relate to fish or shellfish in aquaculture fa-
cilities. An employee described in this clause 
shall not be counted for purposes of clause 
(i). 
‘‘(iv) TRANSITION
RULE.—Subject to 
paragraph (4), the following shall apply to 
a person or other entity hiring, recruiting, 
or referring an individual for employment 
in the United States until the effective date 
or dates applicable under clauses (i) 
through (iii): 
‘‘(I) This subsection, as in effect 
before the enactment of the Legal Work-
force Act. 
‘‘(II) Subtitle A of title IV of the 
Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 7(c) of the 
Legal Workforce Act. 
‘‘(III) Any other provision of Fed-
eral law requiring the person or entity 
to participate in the E-Verify Program 
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described in section 403(a) of the Ille-
gal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 7(c) of the 
Legal Workforce Act, including Execu-
tive Order 13465 (8 U.S.C. 1324a note; 
relating to Government procurement). 
‘‘(E) VERIFICATION PERIOD DEFINED.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph: 
‘‘(I) In the case of recruitment or 
referral, the term ‘verification period’ 
means the period ending on the date 
recruiting or referring commences. 
‘‘(II) In the case of hiring, the 
term ‘verification period’ means the 
period beginning on the date on which 
an offer of employment is extended and 
ending on the date that is 3 business 
days after the date of hire, except as 
provided in clause (iii). The offer of 
employment may be conditioned in ac-
cordance with clause (ii). 
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‘‘(ii) JOB
OFFER
MAY
BE
CONDI-
TIONAL.—A person or other entity may 
offer a prospective employee an employment 
position that is conditioned on final 
verification of the identity and employment 
eligibility of the employee using the proce-
dures established under this paragraph. 
‘‘(iii) 
SPECIAL
RULE.—Notwith-
standing clause (i)(II), in the case of an 
alien who is authorized for employment and 
who provides evidence from the Social Secu-
rity Administration that the alien has ap-
plied for a social security account number, 
the verification period ends three business 
days after the alien receives the social secu-
rity account number. 
‘‘(2) REVERIFICATION
FOR
INDIVIDUALS
WITH 
LIMITED WORK AUTHORIZATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a person or entity shall make 
an inquiry, as provided in subsection (d), using 
the verification system to seek reverification of 
the identity and employment eligibility of all in-
dividuals with a limited period of work author-
ization employed by the person or entity during 
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the 3 business days after the date on which the 
employee’s work authorization expires as follows: 
‘‘(i) With respect to employers having 
10,000 or more employees in the United 
States on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
that is 6 months after the date of the enact-
ment of such Act. 
‘‘(ii) With respect to employers having 
500 or more employees in the United States, 
but less than 10,000 employees in the 
United States, on the date of the enactment 
of the Legal Workforce Act, beginning on the 
date that is 12 months after the date of the 
enactment of such Act. 
‘‘(iii) With respect to employers having 
20 or more employees in the United States, 
but less than 500 employees in the United 
States, on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
that is 18 months after the date of the en-
actment of such Act. 
‘‘(iv) With respect to employers having 
1 or more employees in the United States, 
but less than 20 employees in the United 
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States, on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
that is 24 months after the date of the en-
actment of such Act. 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee re-
cruited or referred by a farm labor contractor (as 
defined in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1801)), subparagraph (A) shall not apply with 
respect to the reverification of the employee until 
the date that is 24 months after the date of the 
enactment of the Legal Workforce Act. For pur-
poses of the preceding sentence, the term ‘agricul-
tural labor or services’ has the meaning given 
such term by the Secretary of Agriculture in reg-
ulations and includes agricultural labor as de-
fined in section 3121(g) of the Internal Revenue 
Code of 1986, agriculture as defined in section 
3(f) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(f)), the handling, planting, drying, 
packing, packaging, processing, freezing, or grad-
ing prior to delivery for storage of any agricul-
tural or horticultural commodity in its unmanu-
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factured state, all activities required for the 
preparation, processing, or manufacturing of a 
product of agriculture (as such term is defined 
in such section 3(f)) for further distribution, and 
activities similar to all the foregoing as they re-
late to fish or shellfish in aquaculture facilities. 
An employee described in this subparagraph 
shall not be counted for purposes of subpara-
graph (A). 
‘‘(C) 
REVERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to reverifications pursuant 
to this paragraph on the same basis as it applies 
to verifications pursuant to paragraph (1), ex-
cept that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Special Counsel for Immigration-Re-
lated Unfair Employment Practices, or the 
Department of Labor during the period be-
ginning on the date the reverification com-
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mences and ending on the date that is the 
later of 3 years after the date of such 
reverification or 1 year after the date the 
individual’s employment is terminated. 
‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 
‘‘(A) ON A MANDATORY BASIS FOR CERTAIN 
EMPLOYEES.— 
‘‘(i) IN GENERAL.—Not later than the 
date that is 6 months after the date of the 
enactment of the Legal Workforce Act, an 
employer shall make an inquiry, as pro-
vided 
in 
subsection 
(d), 
using 
the 
verification system to seek verification of the 
identity and employment eligibility of any 
individual described in clause (ii) employed 
by the employer whose employment eligi-
bility has not been verified under the E- 
Verify Program described in section 403(a) 
of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note). 
‘‘(ii) INDIVIDUALS
DESCRIBED.—An 
individual described in this clause is any of 
the following: 
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‘‘(I) An employee of any unit of a 
Federal, State, or local government. 
‘‘(II) An employee who requires a 
Federal security clearance working in 
a Federal, State or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an air-
port or other facility that requires 
workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
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latory Council, unless they are 
subject to verification under sub-
clause (II); and 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
‘‘(B) ON
A
MANDATORY
BASIS
FOR
MUL-
TIPLE
USERS
OF
SAME
SOCIAL
SECURITY
AC-
COUNT NUMBER.—In the case of an employer 
who is required by this subsection to use the 
verification system described in subsection (d), or 
has elected voluntarily to use such system, the 
employer shall make inquiries to the system in 
accordance with the following: 
‘‘(i) The Commissioner of Social Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity account number to which more than 
one employer reports income and for which 
there is a pattern of unusual multiple use. 
The notification letter shall identify the 
number of employers to which income is 
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being reported as well as sufficient informa-
tion notifying the employee of the process to 
contact the Social Security Administration 
Fraud Hotline if the employee believes the 
employee’s identity may have been stolen. 
The notice shall not share information pro-
tected as private, in order to avoid any re-
cipient of the notice from being in the posi-
tion to further commit or begin committing 
identity theft. 
‘‘(ii) If the person to whom the social 
security account number was issued by the 
Social Security Administration has been 
identified and confirmed by the Commis-
sioner, and indicates that the social security 
account number was used without their 
knowledge, the Secretary and the Commis-
sioner shall lock the social security account 
number 
for 
employment 
eligibility 
verification purposes and shall notify the 
employers of the individuals who wrongfully 
submitted the social security account num-
ber that the employee may not be work eli-
gible. 
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‘‘(iii) Each employer receiving such 
notification of an incorrect social security 
account number under clause (ii) shall use 
the verification system described in sub-
section (d) to check the work eligibility sta-
tus of the applicable employee within 10 
business days of receipt of the notification. 
‘‘(C) ON A VOLUNTARY BASIS.—Subject to 
paragraph (2), and subparagraphs (A) through 
(C) of this paragraph, beginning on the date that 
is 30 days after the date of the enactment of the 
Legal Workforce Act, an employer may make an 
inquiry, as provided in subsection (d), using the 
verification system to seek verification of the 
identity and employment eligibility of any indi-
vidual employed by the employer. If an employer 
chooses voluntarily to seek verification of any in-
dividual employed by the employer, the employer 
shall seek verification of all individuals em-
ployed at the same geographic location or, at the 
option of the employer, all individuals employed 
within the same job category, as the employee 
with respect to whom the employer seeks volun-
tarily to use the verification system. An employ-
er’s decision about whether or not voluntarily to 
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seek verification of its current workforce under 
this subparagraph may not be considered by any 
government agency in any proceeding, investiga-
tion, or review provided for in this Act. 
‘‘(D) VERIFICATION.—Paragraph (1)(C)(ii) 
shall apply to verifications pursuant to this 
paragraph on the same basis as it applies to 
verifications pursuant to paragraph (1), except 
that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Special Counsel for Immigration-Re-
lated Unfair Employment Practices, or the 
Department of Labor during the period be-
ginning on the date the verification com-
mences and ending on the date that is the 
later of 3 years after the date of such 
verification or 1 year after the date the in-
dividual’s employment is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
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‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING
FEDERAL
CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and 
(2), beginning on the date of the enactment of the 
Legal Workforce Act, the Secretary is authorized 
to commence requiring employers required to 
participate in the E-Verify Program described in 
section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), including employers re-
quired to participate in such program by reason 
of Federal acquisition laws (and regulations pro-
mulgated under those laws, including the Federal 
Acquisition Regulation), to commence compli-
ance with the requirements of this subsection 
(and any additional requirements of such Fed-
eral acquisition laws and regulation) in lieu of 
any requirement to participate in the E-Verify 
Program. 
‘‘(B) FORMER E-VERIFY VOLUNTARY USERS 
AND OTHERS DESIRING EARLY COMPLIANCE.— 
Notwithstanding the deadlines in paragraphs (1) 
and (2), beginning on the date of the enactment 
of the Legal Workforce Act, the Secretary shall 
provide for the voluntary compliance with the re-
VerDate Sep 11 2014 
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