New York Lawyer's Legal Updates

What is E-Verify and does it apply in New York?

Author: Law Office of Alena Shautsova

According to the United States Citizenship and Immigration Services (USCIS), e-verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. At a federal level, e-verify is a voluntary system for employers. However, some states have recently passed laws that require employers to use e-verify and others have laws that include provisions about e-verify.

In 2011, twelve more states passed laws or executive orders containing e-verify provisions. As of 2012, all states that address e-verify include:

  • Arizona
  • Alabama
  • California
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Louisiana
  • Minnesota
  • Pennsylvania
  • North Carolina
  • North Dakota
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • Virginia

The National Conference of State Legislatures reported that the U.S. Supreme Court ruled on May 26, 2011 to uphold Arizona's 2007 law that mandated Arizona employers use e-verify. The Arizona penalty for e-verify violations is business license suspension or revocation.

Despite the fact that New York does not mandate employer use of e-verify, immigrants should work with a New York immigration lawyer to obtain legal status and work toward obtaining citizenship. U.S. citizenship is the only guarantee against deportation.

Seeking legal help can make a difference

If you face problems with employment because of immigration or NY deportation proceedings, talk to an experienced New York immigration attorney.

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