H.R. 2164 Legal Workforce Act

H.R. 2164 Legal Workforce Act

On June 14, 2011, Rep. Lamar Smith (R-TX) introduced H.R. 2164, The Legal Workforce Act,
which would create a new employment verification system, the Employment Eligibility
Verification System (EEVS), mandating compliance for nationwide within 2 years.

- Section By Section Summary
- Brief Workforce Act Summary

Some of the specifics for this Act: 

  • E-Verify mandatory for all businesses, will have a 2 year phase in. Beginning six months after enactment, employer participation is phased in from large to small employers (including those with one employee). Entities that recruit and refer must use the system 12 months after enactment.
  • Prescreening of employment eligibility. Unlike current law, which requires employers to use E-Verify after hire, the Legal Workforce Act allows employers use the EEVS before hire.
  • Reverification of current workers' employment eligibility. Reverification of the current workforce is required for critical infrastructure employers; workers assigned to a federal or state contract; federal, state and local government employees; and workers with expiring employment authorization.
  • Limits documents to prove employment eligibility and identity. Makes many documents currently accepted to prove employment eligibility and identity no longer acceptable.
  • Employer Safe Harbors
  • State Preemption. Preempts states and localities from passing employer sanctions and employment eligibility verification laws, but allows states to use businesses licensing and similar laws to penalize employers for not using the EEVS
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