Page:United States Statutes at Large Volume 110 Part 4.djvu/823

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-660 (i) A document referred to in section 274A(b)(l)(B)(ii) (as redesignated by section 412(a) of this division) must be designated by the Attorney General as suitable for the purpose of identification in a pilot program. (ii) A document referred to in section 274A(b)(l)(D) must contain a photograph of the individual. (iii) The person or other entity has complied with the requirements of section 274A(b)(l) with respect to examination of a document if the document reasonably appears on its face to be genuine and it reasonably appears to pertain to the individual whose identity and work eligibility is being confirmed. (B) LIMITATION OF REQUIREMENT TO EXAMINE DOCU- MENTATION.— If the Attorney General finds that a pilot program would reliably determine with respect to an individual whether— (i) the person with the identity claimed by the individual is authorized to work in the United States, and (ii) the individual is claiming the identity of another person, if a person or entity could fulfill the requirement to examine documentation contained in subparagraph (A) of section 274A(b)(l) by examining a document specified in either subparagraph (B) or (D) of such section, the Attorney General may provide that, for purposes of such requirement, only such a document need be examined. In such case, any reference in section 274A(b)( 1)(A) to a verification that an individual is not an unauthorized alien shall be deemed to be a verification of the individual's identity. (3) SEEKING CONFIRMATION. — (A) IN GENERAL.— The person or other entity shall make an inquiry, as provided in section 404(a)(1) of this division, using the confirmation system to seek confirmation of the identity and employment eligibility of an individual, by not later than the end of 3 working days (as specified by the Attorney General) after the date of the hiring (or recruitment or referral, as the case may be). (B) EXTENSION OF TIME PERIOD.—I f the person or other entity in good faith attempts to make an inquiry during such 3 working days and the confirmation system has registered that not all inquiries were received during such time, the person or entity can make an inquiry in the first subsequent working day in which the confirmation system registers that it has received all inquiries. If the confirmation system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. (4) CONFIRMATION OR NONCONFIRMATION. — (A) CONFIRMATION UPON INITIAL INQUIRY. — I f the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the confirmation system within the time period specified under