‘‘(iii) the procedure under this para-
graph for contesting such determination. 
‘‘(C) EMPLOYEE’S RIGHT TO CONTEST.— 
‘‘(i) NOTICE TO EMPLOYEE.—If any 
employer receives such a notice from the 
Secretary with respect to an employee, the 
employer shall, within 3 business days 
after the date the employer received such 
notice, provide a copy of such notice to the 
employee. 
‘‘(ii) RIGHT
TO
CONTEST.—An em-
ployee may contest the accuracy of such 
notice during the 30-day period beginning 
on the date that the employer provided the 
notice under clause (i) to the employee. 
‘‘(iii) CONTEST PROCEDURE.—If, dur-
ing such 30-day period, the employee pro-
vides the employer with information sub-
stantiating such employee’s claimed au-
thorization to be employed in the United 
States, the employer shall, in such form 
and manner as the Secretary shall pre-
scribe, provide to the Secretary— 
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
‘‘(I) the employee’s name, ad-
dress, 
and 
taxpayer 
identification 
number, 
‘‘(II) the employer’s name, ad-
dress, telephone number, and em-
ployer identification number, and 
‘‘(III) the information provided 
by the employee to the employer sub-
stantiating such employee’s authoriza-
tion to be employed in the United 
States. 
‘‘(D) VERIFICATION
FROM
DEPARTMENT 
OF HOMELAND SECURITY.— 
‘‘(i) TRANSMITTAL
OF
INQUIRY.— 
Within 3 business days after receiving the 
information described in subparagraph 
(C)(iii), the Secretary shall provide such 
information electronically to the Secretary 
of Homeland Security. 
‘‘(ii) RESPONSE.—Within 7 business 
days after receiving such information, the 
Secretary of Homeland Security shall elec-
tronically notify the Secretary, and shall 
notify the employer and employee in writ-
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
ing, as to whether the employee is author-
ized to be employed in the United States. 
‘‘(E) SUSPENSION OF OBLIGATION TO TER-
MINATE
EMPLOYMENT
UNTIL
RESPONSE
RE-
CEIVED.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if the employee meets 
the requirement of subparagraph (C)(iii), 
the employer’s obligation to terminate the 
employment of such employee shall be sus-
pended until the employer receives the no-
tice described in subparagraph (D)(ii). 
‘‘(ii) TIMELY
RESPONSE
NOT
RE-
CEIVED.—If the employer does not receive 
such notice before the 30th day after the 
close such 30-day period, the employer 
shall so notify the Secretary. 
‘‘(F) REBUTTABLE PRESUMPTION OF VIO-
LATION
OF
THE
IMMIGRATION
AND
NATION-
ALITY ACT.— 
‘‘(i) IN GENERAL.—A rebuttable pre-
sumption is created that the employer has 
violated section 274A(a)(1)(A) of the Im-
migration and Nationality Act if— 
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
‘‘(I) the employer employs an in-
dividual with respect to whom a notice 
is received under subparagraph (B) 
after the 30 days described in such 
subparagraph, 
‘‘(II) the employer fails to notify 
the Secretary as required by subpara-
graph (E)(ii) and employs such indi-
vidual, or 
‘‘(III) the employer refers the in-
dividual for employment after receiv-
ing a notice under subparagraph (B) 
with respect to such individual. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) 
SUSPENSION
PERIOD.— 
Clause (i)(I) shall not apply during 
the suspension period described in 
subparagraph (E)(i). 
‘‘(II) NOTICE FROM SECRETARY 
OF HOMELAND SECURITY.—Clause (i) 
shall cease to apply with respect to an 
individual after the date that the em-
ployer is notified by the Secretary of 
Homeland Security that such indi-
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS