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New and Revised E-Verify Memorandums of Understanding

On December 8, 2013, E-Verify will release new and revised Memorandums of Understanding (MOUs). These MOUs have two primary enhancements: (1) they are tailored to each access method and (2) they are easier to read and understand.

There will now be a total of six MOUs. The three standard MOUs for E-Verify browser users have been retitled and revised-these are for the access methods for Employer, E-Verify Employer Agent, and Corporate Administrator. The fourth existing access method for Web Services has been expanded into three new MOUs for Web Services users and developers.

The purpose of each MOU is to set forth the points of the contractual agreement between the Department of Homeland Security and the Employer regarding the Employer’s participation in the E-Verify program. Each MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration, and the Employer.

All new and revised MOUs include improved language and organization to make them clearer and more user-friendly. Changes include:

• Each MOU title identifies the access method to which it applies • Clearer language, including active voice and reorganized content to improve readability
• Letters and numbers replace bullets to make searching and citation easier
• Lengthy sections have been broken up
New E-Verify Users
New users will review and execute the MOU that applies to their access method. These MOU changes do not change the E-Verify enrollment process. The effective date for the MOUs for new users is December 8, 2013.

Existing E-Verify Users
Existing users do not need to execute a new MOU, but are bound by any and all enhancements to the E-Verify program including the new or revised MOU that applies to their access method. The effective date of the MOUs for existing users is January 8, 2014.

**All existing users are strongly encouraged to become familiar the new or revised MOU that relates to their access method, and to direct any questions pertaining to compliace through this transition to your employment edibility verification legal representative.**

For more information, please see the American Immigration Lawyers Association Fact Sheet on these new and revised E-Verify MOUs.