ployment eligibility not later than 1 working 
day after the initial inquiry; and 
‘‘(B) an appropriate code indicating such 
confirmation or tentative nonconfirmation. 
‘‘(5) SECONDARY
VERIFICATION
PROCESS
IN 
CASE OF TENTATIVE NONCONFIRMATION.— 
‘‘(A) ESTABLISHMENT.—For cases of ten-
tative nonconfirmation, the Commissioner of 
Social Security, in consultation and coordina-
tion with the Secretary of Homeland Security, 
shall establish a secondary verification process. 
The 
employer 
shall 
make 
the 
secondary 
verification inquiry not later than 10 days after 
receiving a tentative nonconfirmation. 
‘‘(B) DISCREPANCIES.—If an employee 
chooses to contest a secondary nonconfirmation, 
the employer shall provide the employee with a 
referral letter and instruct the employee to visit 
an office of the Department of Homeland Secu-
rity or the Social Security Administration to re-
solve the discrepancy not later than 10 working 
days after the receipt of such referral letter in 
order to obtain confirmation. 
‘‘(C) FAILURE TO CONTEST.—An individ-
ual’s failure to contest a confirmation shall not 
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constitute knowledge (as defined in section 
274a.1(l) of title 8, Code of Federal Regula-
tions, as in effect on the date of the enactment 
of the Legal Employee Verification Act). 
‘‘(6) DESIGN AND OPERATION OF SYSTEM.— 
The System shall be designed, implemented, and op-
erated— 
‘‘(A) to maximize its reliability and ease of 
use consistent with protecting the privacy and 
security of the underlying information through 
technical and physical safeguards; 
‘‘(B) to allow employers to verify that a 
newly hired individual is authorized to be em-
ployed; 
‘‘(C) to permit individuals to— 
‘‘(i) view their own records in order to 
ensure the accuracy of such records; and 
‘‘(ii) contact the appropriate agency to 
correct any errors through an expedited 
process established by the Commissioner of 
Social Security, in consultation and coordi-
nation with the Secretary of Homeland Se-
curity; and 
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‘‘(D) to prevent discrimination based on 
national origin or citizenship status under sec-
tion 274B. 
‘‘(7) UNLAWFUL USES OF SYSTEM.—It shall be 
an unlawful immigration-related employment prac-
tice— 
‘‘(A) for employers or other third parties 
to use the System selectively or without author-
ization; 
‘‘(B) to use the System prior to an offer 
of employment; 
‘‘(C) to use the System to exclude certain 
individuals from consideration for employment 
as a result of a perceived likelihood that addi-
tional verification will be required, beyond what 
is required for most job applicants; 
‘‘(D) to use the System to deny certain 
employment benefits, otherwise interfere with 
the labor rights of employees, or any other un-
lawful employment practice; or 
‘‘(E) to take adverse action against any 
person, including terminating or suspending an 
employee who has received a tentative noncon-
firmation. 
‘‘(b) EMPLOYMENT ELIGIBILITY DATABASE.— 
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