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1. What is the "no work list"?

Comprehensive Immigration Reform Act of 2007 (S.1348) require every employer in the United States to verify the employment eligibility of their workforce of both US citizens and immigrants through a new Electronic Employment Verification System (EEVS) operated by the Department of Homeland Security (DHS)

This is colloquially referred to as the "no work list", as you would not be allowed to work if the EEVS deems you ineligible to work in the US.

2. What is the actual text of the bill mandating the "no work list"?

TITLE III
SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS

‘‘(A) the identifying information submitted by an individual is consistent with the information maintained by the Secretary or the Commissioner of Social Security; and
‘‘(B) such individual is eligible for employment in the United States.

(page 228)

3. Does it apply to every body?

Yes.

‘‘(2) REQUIREMENT FOR PARTICIPATION.—The Secretary shall require all employers in the United States to participate in the System, with respect to all employees hired by the employer on or after the date that is 18 months after the date that not less than $400,000,000 have been appropriated and made available to implement this subsection.

(page 229)

4. When would the system be ready?

Currently a test run of the system, called "Basic Pilot", is in place. The full EEVS system should be ready by mid-2009.

5. What information about an employee must the employer submit to get an EEVS response?

1. The individual’s name and date of birth and, if the individual was born in the United States, the State in which such individual was born;
2. The individual’s social security account number;
3. The employment identification number of the individual’s employer during any one of the most recently completed calendar years;
4. in the case of an individual who does not attest that the individual is a national of the United States, such alien identification or authorization number that the Secretary shall require.

6. What happens once an information request to the system is made?

Within10 days the employer will get one of the two following responses:
YES: if the System is able to confirm the individual’s identity and eligibility for employment in the United States, a confirmation notice, including the appropriate codes on such confirmation notice;
NO: if the System is unable to confirm the individual’s identity or eligibility for employment in the United States, and after a secondary manual verification has been conducted, a tentative nonconfirmation notice, including the appropriate codes on such tentative nonconfirmation notice.

7. What happens if the system says I am ineligible?

If the individual does not contest the tentative nonconfirmation notice within 10 days of receiving notice from the individual’s employer, the notice shall become final and the employer shall record on the form described in subsection (1)(A)(i), the appropriate code provided through the System to indicate the individual did not contest the tentative nonconfirmation.

8. Can I contest the decision?

Yes, but you must do so within 10 days of receiving a nonconfirmation notice.

9. How do I contest the decision?

We don't know yet. All that the bill says is:

The Secretary in consultation with the Commissioner of Social Security, shall establish procedures to permit an individual who contests a tentative or final nonconfirmation notice, or seeks to verify the individual’s own employment eligibility prior to obtaining or changing employment, to contact the appropriate agency and, in a timely manner, correct or update the information used by the System.

(page 244)

10. Can I appeal the decision?

Yes. But it is up to the Homeland Secretary and the Commissioner of Social Security to decide what to do about the appeal. They are judge, the jury and prosecutor all in one.

The Secretary and Commissioner of Social Security shall develop procedures to review appeals filed under subparagraph (A) and to make final determinations on such appeals.

(page 245)

11. Am I eligible to compensation if DHS admits an error?

Maybe. Once again, it is up to the Secretary to decide whether to compensate you or not.

If the Secretary makes a determination under subparagraph (C) that the final nonconfirmation notice issued for an individual was not
caused by an act or omission of the individual, the Secretary shall compensate the individual for lost wages.

(page 246)

12. I am not worried. If they don't let me work in the US, I can always go to Canada and get a job, right?

Not necessarily. Starting January this year, under the terms of Intelligence Reform and Terrorism Prevention Act of 2004, you can't leave US without clearance from DHS.

13. So is it entirely possible that a US citizen could be ineligible to work in the US, and also be unable to seek employment abroad?

Yes.