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H.R. 3711 (115th): Legal Workforce Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 8, 2017.

Legal Workforce Act

This bill amends the Immigration and Nationality Act to direct the Department of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system.

An employer shall attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien.

An individual shall attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.

The bill establishes a phased-in EEVS participation deadline for different categories of employers, including agricultural employers.

The bill requires reverification of certain groups of workers who have not been verified under E-verify.

An employer may voluntarily reverify employees.

Employment recruitment and referral are included within the scope of EEVS.

The bill sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors.

DHS shall establish programs to: (1) block the use of misused social security numbers, (2) suspend or limit the use of social security account numbers of identity fraud victims, and (3) permit parents or legal guardians to suspend or limit the use of a minor's social security account number or other identifying information.

DHS shall establish at least two Identity Authentication Employment Eligibility Verification pilot programs using distinct technologies to provide employers with identity authentication and employment verification of enrolled new employees.