…in response to an e-mail I posted back here the other day in response to the original posting—going to the EEVS business. E-mail:
Your reader’s assertion is incorrect — far from preventing employers from terminating individuals who fail the EEVS check, the bill actually requires them to do so. The bill is very clear that someone who receives a final nonconfirmation under EEVS must be terminated. The bill says, “If the employer has received a final nonconfirmation [from EEVS] regarding an individual, the employer shall terminate employment (or recruitment or referral) of the individual,” unless the individual appeals. The bill goes on to state that failure to terminate creates a rebuttable presumption that the employer is unlawfully employing an illegal alien.
Nonconfirmations may be appealed in a streamlined process to make sure the decision is correct and that the employee is, in fact, ineligible for work. However, pursuing the further action or the appeal is the responsibility of the employee. The employer has no role.
Moreover, while the employee is not terminated while an appeal is pending, with limited exception, the appeal it shall be decided and become final within 30 days. Further appeals that are frivolous, unlikely to succeed on the merits or filed for purposes of delay will not stay termination of employment.