Garage door industry magazine for garage door dealers, garage door manufacturers, garage door distributors, garage door installers, loading docks, garage door operators and openers, gates, and tools for the door industry.
Issue link: https://idoi.epubxp.com/i/134362
LEgAL&LegisLation; By Brian J. Schoolman Safran Law Offces Immigration reform is a hot topic nationwide these years, and as of this writing, the "Gang of 8" in the Senate have just prepared a bill for consideration. The biggest focus among the media is the "path to citizenship" for those individuals already in the country illegally. However, there are more important aspects for businesses, and especially for IDA members and other construction companies. This article will briefy touch on three of those issues: employment eligibility, mandatory E-Verify, and expanded work visas. 1. Eligibility for Those Who Are Here Under the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, as the bill is called, individuals who are in the United States unlawfully would be permitted to apply for provisional status after the Department of Homeland Security certifed that key aspects of the border were deemed secured. Once those triggers are satisfed, immigrants who have resided in the U.S. prior to December 31, 2011 will be permitted to register for the privilege of remaining in 10 the country without fear of deportation. Those triggers could be met as quickly as six months after the bill is signed into law. Immigrants who earned provisional status would be permitted to earn work eligibility if they paid an initial $500 penalty, as well as any back taxes, and provided they had not been convicted of a serious crime in the U.S. Assuming that those who are eligible actually pay the penalty and go through the process, in a short amount of time, the pool of eligible laborers could swell dramatically. The earning of provisional status is also the frst of several steps along the "path to citizenship." The bill contemplates no less than ten years of provisional status, after which the individual may apply for a green card through the merit based system already in place for other aliens. After at least three years of permanent legal residency, and payment of other fees and penalties, those individuals would be eligible to apply for citizenship. 2. Mandatory E-Verify The ability to hire from a wider pool of applicants will be a beneft to many IDA members. Another aspect of the International Door & Operator Industry™ bill – the obligation to enroll in and properly utilize the federal E-Verify system – will put a burden on all members. Certainly, some members are already using E-Verify, whether because they perform federal projects or because their particular state mandates use of the system. Under the bill, though, every employer – and therefore every IDA member – would have to come into compliance. E-Verify is an Internet-based service operated by the U.S. Customs and Immigration Services, that compares information from I-9 forms with data from the Department of Homeland Security and the Social Security Administration to confrm employment eligibility. E-Verify is provided free of charge, and any employer may sign up for the service. At present, the E-Verify program only applies at the federal level to any company entering or seeking federal contracts. Under the federal program, affected employers must use the E-Verify system to review the employment eligibility of all new employees for the entire company, and all existing employees hired after Continued on page 13