Legislation introduced in both the House and Senate aimed at reducing illegal immigration would expand the E-Verify employment verification system, and require its use by all employers. The Secure America through Verification and Enforcement Act (SAVE Act) (H.R. 3308, S. 1505) was originally introduced in 2007, but died in committee. The current bills introduced by Rep. Heath Shuler (D-NC) and Sen. Mark Pryor (D-Ark.) remain substantially similar to the earlier versions. Essentially, both bills contain three components to curb illegal immigration, the second of which would impact employers. Both bills would mandate the use of E-Verify, although the Senate bill provides for a slightly longer timeframe in which all employers must be in compliance with the Act.

Under the terms of the House version of the SAVE Act, over a four-year period all employers would be required to use E-Verify to check the employment eligibility of their potential and current hires. The Senate version would allow five years for compliance. The federal government, federal contractors, and large employers (those with more than 250 employees) would be required to use E-Verify to check the status of applicants within one year of the bill’s enactment under the House version, and two years for the Senate. Smaller employers would be phased into the system more gradually. Companies employing between 100 and 250 employees would be required to use E-Verify within two years (three under the Senate bill); those with at least 30 but few than 100 employees would have three years to comply with the program under the House bill, and four under the Senate version; all other employers would have to be in compliance within four years (five for Senate SAVE Act) of the bill’s enactment. All employers would also be required to verify the employment eligibility of current employees within four years according to the terms of the House legislation, and five for the Senate’s.

The House version of the SAVE Act has been referred to the House Committees on Homeland Security, Judiciary, Ways and Means, Education and Labor, Oversight and Government Reform, Armed Services, Agriculture, and Natural Resources. The Senate companion bill has been referred to Senate Finance Committee.