The USCIS recently provided an update about the E-Verify program. The USCIS indicated that more than 92,000 employers are currently using the E-Verify program. During fiscal year 2008, approximately 6.6 million employment verification queries were run through E-Verify. The number of queries basically doubled in fiscal year 2008 versus fiscal year 2009. Between April and June 2008, approximately 96.1% of all cases queried through E-Verify were instantly found to be employment authorized compared to 94.2% previously. Additionally, the USCIS indicated that the erroneous tentative non-confirmation rate improved from .5% to .4%.

The E-Verify system remains a voluntary program even though some states, including Arizona, Arkansas, Colorado, Georgia, Idaho, Minnesota, Mississippi, Missouri, Oklahoma, Rhode Island and South Carolina have all mandated its use in some form. Additionally, E-Verify has also been designated as the program certain federal contractors and sub-contractors must use to verify the employment eligibility of all new hires and current employees assigned to work on future federal contracts. This requirement will not become effective until final regulations are issued. The final regulations cleared the Office of Management and Budget (OMB) on October 31, 2008 and are expected to be published in the Federal Register within the next few weeks.