Today, the SHRM-led "HR Initiative for a Legal Workforce" coalition praised U.S. Representatives Sam Johnson (R-TX), Gabrielle Giffords (D-AZ), Paul Ryan (R-WI), Dennis Moore (D-KS), Kevin Brady (R-TX), and Harry Mitchell (D-AZ) for introducing H.R. 2028, the "New Employee Verification Act" (NEVA).

SHRM closely worked with these Members of Congress to develop NEVA. The legislation would replace the federal government's current employee verification process with a new, easier-to-use, more reliable electronic verification system.

Under the bill, employers would use the state "new hire" reporting process, which is currently used for child support enforcement, to access the new system, called Electronic Employment Verification System (EEVS). This would allow employers to confirm the work eligibility of U.S. citizens through the Social Security Administration database and that of non-citizens through the Department of Homeland Security database.

In addition, the bill also would create a voluntary biometrics option that employers could choose to use in the verification process. This system would include a standard background check and the collection of a "biometric" characteristic – such as a thumbprint – to secure an employee's identity and prevent the illegal use a Social Security number, stolen or fraudulently obtained drivers' license, or altered identification documents. To protect employers from liability, the legislation would provide employers a safe harbor.

* Allows the entire attestation requirements to be done electronically as well eliminates the current Form I-9.

* Applies only to employer's newly hired employees and would not require employers to re-verify all existing employees as is required by other bills.

* Allows employers to check the employee through the electronic system beginning on the date of hire and ending at the end of the third business day after the employee has reported to work.

* Provides that federal immigration law preempts any state law in regard to employer fines or sanctions for immigration-related issues or in requiring employers to verify work status or identity for work authorization purposes.

* Requires employers to be responsible only for the hiring decisions of their own employees, not those of their subcontractors.