The Department of Homeland Security's controversial E-Verify program will soon expire unless Congress passes new legislation to reauthorize the program. Reauthorization legislation has been held up in the US Senate, due to demands from some that any E-Verify extension be accompanied by increased immigrant visa numbers.

The E-Verify database program purports to verify the employment authorization of workers by cross-referencing data submitted on an employee's Form I-9 against DHS and SSA databases. The original legislation authorizing E-Verify contains a November 1, 2008 sunset date. Congress must pass legislation affirmatively reauthorizing E-Verify for the program to continue.

Both houses of Congress have attempted to introduce legislation that would re-authorize E-Verify for a five year period. While the House of Representatives has already passed its reauthorization bill, companion legislation in the Senate has been blocked by Sen. Robert Menendez of New Jersey. Senator Menendez insists that any legislation re-authorizing E-Verify must be tethered to legislation that would recapture unused family- and employment-based immigrant visas for the past 15 years. Sen. Menendez's goal is to reduce immigration backlogs for preference-category immigrants who have been waiting for their priority dates to come current. This provision has been rejected by restrictionist elements within Congress, and it remains unclear how the congressional stalemate will be resolved. Jackson & Hertogs will post updates on this program as news develops.

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