mechanism has registered that not all 
inquiries were responded to during the 
relevant time, the person or entity can 
make an inquiry until the end of the 
first subsequent working day in which 
the verification mechanism registers 
no nonresponses and qualify for such 
defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity 
has made the inquiry described in clause 
(i)(I) but has not received an appropriate 
verification of such identity and work eligi-
bility under such mechanism within the 
time period specified under subsection 
(b)(7)(B) after the time the verification in-
quiry was received, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
the end of such time period.’’; 
(2) by amending subparagraph (A) of sub-
section (b)(1) to read as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
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of Homeland Security by regulation, that it has 
verified that the individual is not an unauthor-
ized alien— 
‘‘(i) by obtaining from the individual 
the individual’s social security account 
number and recording the number on the 
form (if the individual claims to have been 
issued such a number), and, if the indi-
vidual does not attest to United States citi-
zenship under paragraph (2), obtaining 
such identification or authorization number 
established by the Department of Home-
land Security for the alien as the Secretary 
of Homeland Security may specify, and re-
cording such number on the form; and 
‘‘(ii)(I) by examining a document de-
scribed in subparagraph (B); or 
‘‘(II) by examining a document de-
scribed in subparagraph (C) and a docu-
ment described in subparagraph (D). 
A person or entity has complied with the re-
quirement of this paragraph with respect to ex-
amination of a document if the document rea-
sonably appears on its face to be genuine, rea-
sonably appears to pertain to the individual 
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whose identity and work eligibility is being 
verified, and, if the document bears an expira-
tion date, that expiration date has not elapsed. 
If an individual provides a document (or com-
bination of documents) that reasonably appears 
on its face to be genuine, reasonably appears to 
pertain to the individual whose identity and 
work eligibility is being verified, and is suffi-
cient to meet the first sentence of this para-
graph, nothing in this paragraph shall be con-
strued as requiring the person or entity to so-
licit the production of any other document or as 
requiring the individual to produce another doc-
ument.’’; 
(3) in subsection (b)(1)(D)— 
(A) in clause (i), by striking ‘‘or such other 
personal identification information relating to 
the individual as the Attorney General finds, by 
regulation, sufficient for purposes of this sec-
tion’’; and 
(B) in clause (ii), by inserting before the 
period ‘‘and that contains a photograph of the 
individual’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
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individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary may specify.’’; and 
(5) by amending paragraph (3) of subsection 
(b) to read as follows: 
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.— 
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must— 
‘‘(i) 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 a period be-
ginning on the date of the hiring, recruit-
ing, or referral of the individual or the 
date of the completion of verification of a 
previously hired individual and ending— 
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‘‘(I) in the case of the recruiting 
or referral of an individual, three 
years after the date of the recruiting 
or referral; 
‘‘(II) in the case of the hiring of 
an individual, the later of— 
‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and 
‘‘(III) 
in 
the 
case 
of 
the 
verification of a previously hired indi-
vidual, the later of— 
‘‘(aa) three years after the 
date 
of 
the 
completion 
of 
verification; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; 
‘‘(ii) make an inquiry, as provided in 
paragraph (7), using the verification sys-
tem to seek verification of the identity and 
employment eligibility of an individual, by 
not later than the end of 3 working days 
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(as specified by the Secretary of Homeland 
Security) after the date of the hiring or in 
the case of previously hired individuals, the 
date specified in paragraph (8)(B), or be-
fore the recruiting or referring commences; 
and 
‘‘(iii) may not commence recruitment 
or referral of the individual until the per-
son or entity receives verification under 
subparagraph (B)(i) or (B)(iii). 
‘‘(B) VERIFICATION.— 
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system within the time period 
specified, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification of an 
individual’s identity or work eligibility 
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under the verification system within the 
time period specified, the person or entity 
shall so inform the individual for whom the 
verification is sought. If the individual does 
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (7). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
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employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided 
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts 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 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem cannot receive inquiries at all times 
during a day, the person or entity merely 
has to assert that the entity attempted to 
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make the inquiry on that day for the pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry. 
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.— 
‘‘(I) TERMINATION OR NOTIFICA-
TION OF CONTINUED EMPLOYMENT.— 
If the person or other entity has re-
ceived a final nonverification regard-
ing an individual, the person or entity 
may terminate employment of the in-
dividual (or decline to recruit or refer 
the individual). If the person or entity 
does not terminate employment of the 
individual or proceeds to recruit or 
refer the individual, the person or en-
tity shall notify the Secretary of 
Homeland Security of such fact 
through the verification system or in 
such other manner as the Secretary 
may specify. 
‘‘(II) FAILURE
TO
NOTIFY.—If 
the person or entity fails to provide 
notice with respect to an individual as 
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required under subclause (I), the fail-
ure is deemed to constitute a violation 
of subsection (a)(1)(A) with respect to 
that individual. 
‘‘(vi) 
CONTINUED
EMPLOYMENT 
AFTER
FINAL
NONVERIFICATION.—If the 
person or other entity continues to employ 
(or to recruit or refer) an individual after 
receiving final nonverification, a rebuttable 
presumption is created that the person or 
entity has violated subsection (a)(1)(A).’’. 
(c) EXPANSION
OF
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM TO PREVIOUSLY HIRED INDIVID-
UALS AND RECRUITING AND REFERRING.— 
(1) APPLICATION TO RECRUITING AND REFER-
RING.—Such section is further amended— 
(A) in subsection (a)(1)(A), by striking 
‘‘for a fee’’; 
(B) in subsection (a)(1), by amending sub-
paragraph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit or refer for employment in the United 
States an individual without complying with the 
requirements of subsection (b).’’; 
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(C) in subsection (a)(2) by striking ‘‘after 
hiring an alien for employment in accordance 
with paragraph (1),’’ and inserting ‘‘after com-
plying with paragraph (1),’’; and 
(D) in subsection (a)(3)(A), as amended by 
subsection (b)(1), by striking ‘‘hiring,’’ and in-
serting ‘‘hiring, employing,’’ each place it ap-
pears. 
(2) EMPLOYMENT
ELIGIBILITY
VERIFICATION 
FOR PREVIOUSLY HIRED INDIVIDUALS.—Subsection 
(b) of such section, as amended by subsection (a)(1), 
is amended by adding at the end the following new 
paragraph: 
‘‘(8) 
USE
OF
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN-
DIVIDUALS.— 
‘‘(A) ON A VOLUNTARY BASIS.—Beginning 
on the date that is 2 years after the date of the 
enactment of this paragraph and until the date 
specified in subparagraph (B)(iii), a person or 
entity may make an inquiry, as provided in 
paragraph (7), using the verification system to 
seek verification of the identity and employment 
eligibility of any individual employed by the per-
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son or entity, as long as it is done on a non-
discriminatory basis. 
‘‘(B) ON A MANDATORY BASIS.— 
‘‘(i) IN GENERAL.—A person or entity 
described in clause (ii) must make an in-
quiry as provided in paragraph (7), using 
the verification system to seek verification 
of the identity and employment eligibility 
of all individuals employed by the person 
or entity who have not been previously sub-
ject to an inquiry by the person or entity 
by the date three years after the date of 
the enactment of this paragraph. 
‘‘(ii) 
PERSON
OR
ENTITY
DE-
SCRIBED.—A person or entity is described 
in this clause if it is a Federal, State, or 
local governmental body (including the 
Armed Forces of the United States), or if 
it employs individuals working in a location 
that is a Federal, State, or local govern-
ment building, a military base, a nuclear 
energy site, a weapon site, an airport, or 
that contains critical infrastructure (as de-
fined in section 1016(e) of the Critical In-
frastructure Protection Act of 2001 (42 
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