USCIS requests comments on E-Verify NextGen

U.S. Citizenship and Immigration Services has opened a public comment period on its proposed E-Verify NextGen demonstration project.

Key Points:

• USCIS is accepting comments from the public on the E-Verify NextGen demonstration project for 60 days, until Aug. 28, 2023.
• USCIS stated that E-Verify NextGen will be built upon the existing USCIS and E-Verify web services capabilities and will be enhanced by electronic applications for both the employee and employer. E-Verify NextGen plans to:
  • Resolve E-Verify mismatches and electronically issue an employment-authorized result to individuals who E-Verify finds to be work authorized.
  • Give employees more direct control over their data privacy and a more direct stake in their employment eligibility verification process.
  • Allow employees to receive notification of and resolve E-Verify mismatches directly and remove the employer’s primary role in the mismatch resolution process.
• USCIS has not yet provided details on when it will launch E-Verify NextGen. More information is available on this website. In the notice USCIS posted this week, the agency made available screenshots of the electronic applications the employee and employer would use under the proposed process.

Additional Information: USCIS is also accepting comments on changes to the Form I-9 instructions until Aug. 28. The current version of the Form I-9 can continue to be used until the government announces otherwise. As a reminder, the temporary U.S. Immigration and Customs Enforcement flexible policy will end July 31, and employers must physically review all documents they viewed virtually by Aug. 30. A final rule that would allow the Department of Homeland Security to provide alternatives to physical document examination in some scenarios in the Form I-9 process is currently under White House Office of Management and Budget review.

BAL Analysis: Through E-Verify NextGen, USCIS intends to further integrate the Form I-9 process with the E-Verify electronic employment eligibility confirmation process to create a more secure and streamlined employment eligibility verification process. USCIS has not indicated when it will launch the new process or what the parameters of the demonstration project will be (e.g., which employers will be eligible to use it and whether it will be a time-limited pilot). BAL will continue to monitor the progress of E-Verify NextGen and provide updates as information is made available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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