162 
ty hiring 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 
enactment of title VIII of division B 
of the Secure the Border Act of 2023, 
on the date that is 6 months after the 
date of the enactment of title. 
‘‘(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 title VIII 
of division B of the Secure the Border 
Act of 2023, on the date that is 12 
months after the date of the enact-
ment of such title. 
‘‘(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 title VIII of 
division B of the Secure the Border 
Act of 2023, on the date that is 18
163 
months after the date of the enact-
ment of such title. 
‘‘(IV) With respect to employers 
having one or more employees in the 
United States, but less than 20 em-
ployees in the United States, on the 
date of the enactment of title VIII of 
division B of the Secure the Border 
Act of 2023, on the date that is 24 
months after the date of the enact-
ment of such title. 
‘‘(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 after the date of the enactment of 
title VIII of division B of the Secure the 
Border Act of 2023. 
‘‘(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
164 
date that is 36 months after the date of 
the enactment of title VIII of division B of 
the Secure the Border Act of 2023. 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, 
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 relate to fish or shellfish facilities. 
An employee described in this clause shall 
not be counted for purposes of clause (i). 
‘‘(iv) EXTENSIONS.—
165 
‘‘(I) ON
REQUEST.—Upon re-
quest by an employer having 50 or 
fewer employees, the Secretary shall 
allow a one-time 6-month extension of 
the effective date set out in this sub-
paragraph applicable to such em-
ployer. Such request shall be made to 
the Secretary and shall be made prior 
to such effective date. 
‘‘(II) FOLLOWING
REPORT.—If 
the study under section 814 of title 
VIII of division B of the Secure the 
Border Act of 2023 has been sub-
mitted in accordance with such sec-
tion, the Secretary of Homeland Secu-
rity may extend the effective date set 
out in clause (iii) on a one-time basis 
for 12 months. 
‘‘(v) 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):
166 
‘‘(I) This subsection, as in effect 
before the enactment of title VIII of 
division B of the Secure the Border 
Act of 2023. 
‘‘(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 be-
fore the effective date in section 
807(c) of title VIII of division B of 
the Secure the Border Act of 2023. 
‘‘(III) Any other provision of 
Federal law requiring the person or 
entity 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), as in effect be-
fore the effective date in section 
807(c) of title VIII of division B of 
the Secure the Border Act of 2023, 
including Executive Order 13465 (8 
U.S.C. 1324a note; relating to Gov-
ernment procurement). 
‘‘(E) VERIFICATION PERIOD DEFINED.—