On December 8, 2013, USCIS will release new and revised Memoranda (MOUs) for its E-Verify electronic employment eligibility verification system. USCIS has retitled and revised its three current MOUs for its general E-Verify browser users and has also added three new MOUs for (1) employers using Web Services; (2) employers that use third parties (independent software developers) to input information into E-Verify using Web Services; and (3) third parties using Web Services on an employer's behalf.

The E-Verify enrollment process will not change.  New users to the system will need to review and sign either a new or updated version of the MOU that applies to their access method.  Existing users will not need to sign a new MOU but will be bound by the E-Verify changes, including the new or updated MOU, effective January 8, 2014.

The USCIS MOU Fact Sheet from November 27, 2013 contains highlighted changes including the following:

  • MOU titles clearly identify the access method to which the MOU applies;
  • There is more plain language, active voice and reorganized content to improve flow and readability;
  • Bullet points have been changed to letters and numbers to make searching and citation easier; and
  • Lengthy sections have been broken up.

In addition, the new and revised MOUs also include several updated provisions, such as enhanced privacy protections and instructions for reporting privacy and security breaches. Lastly, USCIS strongly recommends that existing users of the E-Verify system review and familiarize themselves with the updated MOU applicable to their access method.  On or after December 8, 2013, existing users may log into E-Verify and visit the "View Essential Resources" section for the text of the revised MOUs.  

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.