182 
an individual for employment in the United 
States shall be governed by section 274A(b) un-
less the person or entity— 
‘‘(i) is required by Federal or State 
law to use the System; or 
‘‘(ii) has opted to use the System vol-
untarily in accordance with subparagraph 
(B). 
‘‘(10) NO FEE FOR USE.—The Secretary may 
not charge a fee to an individual, person, or entity 
related to the use of the System. 
‘‘(b) NEW HIRES, RECRUITMENT, AND REFERRAL.— 
Notwithstanding section 274A(b), the requirements re-
ferred to in paragraphs (1)(B) and (3) of section 274A(a) 
are, in the case of a person or entity that uses the System 
for the hiring, recruiting, or referring for a fee, an indi-
vidual for employment in the United States, the following: 
‘‘(1) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—During the period begin-
ning on the date on which an offer of employment 
is accepted and ending on the date of hire, the indi-
vidual shall attest, under penalty of perjury on a 
form designated by the Secretary, that the individual 
is authorized to be employed in the United States by 
providing on such form— 
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‘‘(A) the individual’s name and date of 
birth; 
‘‘(B) the individual’s social security ac-
count number (unless the individual has applied 
for and not yet been issued such a number); 
‘‘(C) whether the individual is— 
‘‘(i) a citizen or national of the United 
States; 
‘‘(ii) an alien lawfully admitted for 
permanent residence; or 
‘‘(iii) an alien who is otherwise au-
thorized by the Secretary to be hired, re-
cruited, or referred for employment in the 
United States; and 
‘‘(D) if the individual does not attest to 
United States citizenship or nationality, such 
identification or other authorization number es-
tablished by the Department of Homeland Se-
curity for the alien as the Secretary may speci-
fy. 
‘‘(2) EMPLOYER
ATTESTATION
AFTER
EXAM-
INATION OF DOCUMENTS.—Not later than 3 busi-
ness days after the date of hire, the person or entity 
shall attest, under penalty of perjury on the form 
designated by the Secretary for purposes of para-
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184 
graph (1), that it has verified that the individual is 
not an unauthorized alien by— 
‘‘(A) obtaining from the individual the in-
formation described in paragraph (1) and re-
cording such information on the form; 
‘‘(B) examining— 
‘‘(i) a document described in para-
graph (3)(A); or 
‘‘(ii) a document described in para-
graph (3)(B) and a document described in 
paragraph (3)(C); and 
‘‘(C) attesting that the information re-
corded on the form is consistent with the docu-
ments examined. 
‘‘(3) ACCEPTABLE DOCUMENTS.— 
‘‘(A) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION AND IDENTITY.—A doc-
ument described in this subparagraph is an in-
dividual’s— 
‘‘(i) United States passport or pass-
port card; 
‘‘(ii) permanent resident card that 
contains a photograph; 
‘‘(iii) foreign passport containing tem-
porary evidence of lawful permanent resi-
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185 
dence in the form of an official I–551 (or 
successor) stamp from the Department of 
Homeland Security or a printed notation 
on a machine-readable immigrant visa; 
‘‘(iv) unexpired employment author-
ization card that contains a photograph; 
‘‘(v) in the case of a nonimmigrant 
alien authorized to engage in employment 
for a specific employer incident to status, 
a foreign passport with Form I–94, Form 
I–94A, or other documentation as des-
ignated by the Secretary specifying the 
alien’s nonimmigrant status as long as 
such status has not yet expired and the 
proposed employment is not in conflict 
with any restrictions or limitations identi-
fied in the documentation; 
‘‘(vi) passport from the Federated 
States of Micronesia or the Republic of the 
Marshall Islands with Form I–94, Form I– 
94A, or other documentation as designated 
by the Secretary, indicating nonimmigrant 
admission under the Compact of Free As-
sociation Between the United States and 
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186 
the Federated States of Micronesia or the 
Republic of the Marshall Islands; or 
‘‘(vii) other document designated by 
the Secretary, by notice published in the 
Federal Register, if the document— 
‘‘(I) contains a photograph of the 
individual, 
biometric 
identification 
data, and other personal identifying 
information relating to the individual; 
‘‘(II) is evidence of authorization 
for employment in the United States; 
and 
‘‘(III) contains security features 
to make it resistant to tampering, 
counterfeiting, and fraudulent use. 
‘‘(B) DOCUMENTS ESTABLISHING EMPLOY-
MENT AUTHORIZATION.—A document described 
in this subparagraph is— 
‘‘(i) an individual’s social security ac-
count number card (other than such a card 
which specifies on the face that the 
issuance of the card does not authorize em-
ployment in the United States); or 
‘‘(ii) a document establishing employ-
ment authorization that the Secretary de-
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187 
termines, by notice published in the Fed-
eral Register, to be acceptable for purposes 
of this subparagraph, provided that such 
documentation contains security features 
to make it resistant to tampering, counter-
feiting, and fraudulent use. 
‘‘(C) DOCUMENTS
ESTABLISHING
IDEN-
TITY.—A document described in this subpara-
graph is— 
‘‘(i) an individual’s driver’s license or 
identification card if it was issued by a 
State or one of the outlying possessions of 
the United States and contains a photo-
graph and personal identifying information 
relating to the individual; 
‘‘(ii) an individual’s unexpired United 
States military identification card; 
‘‘(iii) an individual’s unexpired Native 
American tribal identification document 
issued by a tribal entity recognized by the 
Bureau of Indian Affairs; 
‘‘(iv) in the case of an individual 
under 18 years of age, a parent or legal 
guardian’s attestation under penalty of law 
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188 
as to the identity and age of the individual; 
or 
‘‘(v) a document establishing identity 
that the Secretary determines, by notice 
published in the Federal Register, to be ac-
ceptable for purposes of this subparagraph, 
if such documentation contains a photo-
graph of the individual, biometric identi-
fication data, and other personal identi-
fying information relating to the indi-
vidual, and security features to make it re-
sistant to tampering, counterfeiting, and 
fraudulent use. 
‘‘(D) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.—If the Secretary finds 
that any document or class of documents de-
scribed in subparagraph (A), (B), or (C) does 
not reliably establish identity or employment 
authorization or is being used fraudulently to 
an unacceptable degree, the Secretary may, by 
notice published in the Federal Register, pro-
hibit or place conditions on the use of such doc-
ument or class of documents for purposes of 
this section. 
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189 
‘‘(4) USE OF THE SYSTEM TO SCREEN IDEN-
TITY AND EMPLOYMENT AUTHORIZATION.— 
‘‘(A) IN GENERAL.—In the case of a per-
son or entity that uses the System for the hir-
ing, recruiting, or referring for a fee an indi-
vidual for employment in the United States, 
during the period described in subparagraph 
(B), the person or entity shall submit an in-
quiry through the System described in sub-
section (a) to seek verification of the identity 
and employment authorization of the individual. 
‘‘(B) VERIFICATION PERIOD.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), and subject to sub-
section (d), the verification period shall 
begin on the date of hire and end on the 
date that is 3 business days after the date 
of hire, or such other reasonable period as 
the Secretary may prescribe. 
‘‘(ii) SPECIAL RULE.—In the case of 
an alien who is authorized to be employed 
in the United States and who provides evi-
dence from the Social Security Administra-
tion that the alien has applied for a social 
security account number, the verification 
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190 
period shall end 3 business days after the 
alien receives the social security account 
number. 
‘‘(C) CONFIRMATION.—If a person or enti-
ty receives confirmation of an individual’s iden-
tity and employment authorization, the person 
or entity shall record such confirmation on the 
form designated by the Secretary for purposes 
of paragraph (1). 
‘‘(D) TENTATIVE NONCONFIRMATION.— 
‘‘(i) IN GENERAL.—In cases of ten-
tative nonconfirmation, the Secretary shall 
provide, in consultation with the Commis-
sioner, a process for— 
‘‘(I) an individual to contest the 
tentative nonconfirmation not later 
than 10 business days after the date 
of the receipt of the notice described 
in clause (ii); and 
‘‘(II) the Secretary to issue a 
confirmation or final nonconfirmation 
of an individual’s identity and employ-
ment authorization not later than 30 
calendar days after the Secretary re-
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191 
ceives notice from the individual con-
testing a tentative nonconfirmation. 
‘‘(ii) NOTICE.—If a person or entity 
receives a tentative nonconfirmation of an 
individual’s identity or employment author-
ization, the person or entity shall, not later 
than 3 business days after receipt, notify 
such individual in writing in a language 
understood by the individual and on a form 
designated by the Secretary, that shall in-
clude a description of the individual’s right 
to contest the tentative nonconfirmation. 
The person or entity shall attest, under 
penalty of perjury, that the person or enti-
ty provided (or attempted to provide) such 
notice to the individual, and the individual 
shall acknowledge receipt of such notice in 
a manner specified by the Secretary. 
‘‘(iii) NO CONTEST.— 
‘‘(I) IN
GENERAL.—A tentative 
nonconfirmation shall become final if, 
upon receiving the notice described in 
clause (ii), the individual— 
‘‘(aa) refuses to acknowledge 
receipt of such notice; 
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192 
‘‘(bb) acknowledges in writ-
ing, in a manner specified by the 
Secretary, that the individual will 
not contest the tentative noncon-
firmation; or 
‘‘(cc) fails to contest the 
tentative nonconfirmation within 
the 10-business-day period begin-
ning on the date the individual 
received such notice. 
‘‘(II) 
RECORD
OF
NO
CON-
TEST.—The person or entity shall in-
dicate in the System that the indi-
vidual did not contest the tentative 
nonconfirmation and shall specify the 
reason the tentative nonconfirmation 
became final under subclause (I). 
‘‘(III) EFFECT OF FAILURE TO 
CONTEST.—An individual’s failure to 
contest a tentative nonconfirmation 
shall not be considered an admission 
of any fact with respect to any viola-
tion of this Act or any other provision 
of law. 
‘‘(iv) CONTEST.— 
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193 
‘‘(I) IN GENERAL.—An individual 
may contest a tentative nonconfirma-
tion by using the tentative noncon-
firmation review process under clause 
(i), not later than 10 business days 
after receiving the notice described in 
clause (ii). Except as provided in 
clause (iii), the nonconfirmation shall 
remain tentative until a confirmation 
or final nonconfirmation is provided 
by the System. 
‘‘(II) PROHIBITION
ON
TERMI-
NATION.—In no case shall a person or 
entity terminate employment or take 
any 
adverse 
employment 
action 
against an individual for failure to ob-
tain confirmation of the individual’s 
identity and employment authoriza-
tion until the person or entity receives 
a notice of final nonconfirmation from 
the System. Nothing in this subclause 
shall prohibit an employer from termi-
nating the employment of the indi-
vidual for any other lawful reason. 
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