PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.

On Sept. 17, 2008, the 9th U.S. Circuit Court of Appeals rejected challenges to the Arizona E-Verify law brought by immigration, business and civil rights groups. The three-judge panel rejected arguments that the Arizona law infringes on the federal government's exclusive right to control immigration.

Though the appeals court upheld the law, they indicated that further challenges could reach a different conclusion if a company facing actual punishment can prove that the law, as it is being applied, is unfair or illegal. To date, Arizona has not prosecuted any employers under the law.

It is unclear whether the groups challenging the law will appeal the ruling to the Supreme Court.

Click here to view the Ninth Circuit Court opinion.

Screen 360 Employment Eligibility Solutions

It’s difficult to follow the rapidly developing state legislation mandating use of the E-Verify program. That’s why we recommend using E-Verify for all your new hires, regardless of their location. Instituting a consistent E-Verify program across all locations keeps you ahead of rapidly changing E-Verify regulations.

Screen 360 has a solution that helps you maintain compliance across your organization. Our Legal Right to Work check can be easily incorporated into your onboarding process company wide, creating a consistent, compliant process. Our check uses the E-Verify program to electronically query DHS and SSA databases and verify new employees’ U.S. work eligibility. The query result confirms whether the social security number submitted belongs to an individual who is legally permitted to work in the U.S. Enhanced capabilities include email management alerts and reports that help track and monitor tentative non-confirmations.

Screen 360 also offers an electronic solution for I-9 forms processing that facilitates one-click submission of the E-Verify check upon completion of the electronic form I-9. Advanced error detection ensures forms are completed correctly so you maintain compliance with federal regulations. In addition, the system allows employers to:

• Eliminate duplicate data entry
• Eliminate paper storage of I-9s
• Provide a single reporting interface
• Receive email management alerts to track and monitor expiring work authorization documents