How can a SWA comply with the TEGL if state law prohibits the use of E-Verify?
SWAs must verify employment eligibility of each worker prior to referral in response to an H-2A job order. SWAs are instructed to verify such employment eligibility through the basic I-9 process. Once E-Verify training has been formalized, SWAs may elect to verify employment eligibility through the E-Verify I-9 process. The E-Verify I-9 process involves the E-Verify process in addition to the basic I-9 process. While DOL strongly recommends SWAs to use E-Verify, E-Verify is a voluntary process. Those SWAs who are prohibited by law to participate in E-Verify may elect to continue verification through the basic I-9 process. No state may pass a law to prohibit the basic I-9 process, as ยง 274A of the INA mandates the process for every person or entity who hires workers and for every agricultural association, agricultural employer, or farm labor contractor who recruits or refers workers for a fee.
Related Questions
- If a recipient is covered by a state or local "English-only" law, must it still comply with the Title VI obligation and agency guidance interpreting that obligation?
- What is the state law which prohibits interference with access to health care and abortion facilities?
- How can a SWA comply with the TEGL if state law prohibits the use of E-Verify?
