Update: Tennessee and the E-VERIFY Program

 

By Sheila Emory

In our last newsletter, we told you that the E-VERIFY Program was mandatory for all businesses over 500 employees as of January 1, 2012 (The dates for compliance for businesses over 200 employees are July 1, 2012 and January 1, 2013 for 6 or more). However, the State of Tennessee just passed a bill at the close of 2011 giving you an option.

The Tennessee Legislature passed Public Chapter 436 which gives Tennessee employers an alternative to the federal law that requires all employers to use the E-VERIFY Program. Tennessee employers may request and maintain a copy of any one document listed in PC436 in lieu of enrollment in E-VERIFY Program. This alternative does not apply if the Tennessee employer has already enrolled in E-VERIFY Program.

The documents listed as acceptable to retain in place of enrollment in E-VERIFY are:

  • A valid Driver’s License or Photo ID issued by Tennessee
  • A valid Driver’s License or Photo ID issued by a state with issuance requirements at least as strict as Tennessee, which will be posted on the TN Department of Safety’s website
  • An official birth certificate issued by a US state, jurisdiction, territory or the federal government
  • A valid, unexpired US passport
  • A US certificate of birth abroad
  • A report of birth abroad of a citizen of the US
  • A certificate of citizenship
  • A certificate of naturalization
  • A US citizen ID card
  • Valid alien registration documents or other proof of current immigration registration recognized by the US Department of Homeland Security
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