Last updated on: 1/21/2015 | Author:

Melissa A. Silver, JD Biography

Legal Editor of XpertHR
Not Clearly Pro or Con to the question "Should the Government Allow a Path to Citizenship for Undocumented Immigrants?"

“[A]ccording to the USCIS, when employers use E-Verify to confirm their employees’ work authorization, they receive results within seconds. In fact, 98.8 percent of work-authorized employees are confirmed instantly or within 24 hours. So why have there been so many heated debates on the mandatory use of this program?…

[T]he U.S. Supreme Court has weighed in and held in its Chamber of Commerce v. Whiting decision that the state of Arizona was within its rights to require all employers doing business there to use the E-Verify system. And guess what? Life has gone on. The sky did not fall…

Critics have various concerns, such as erroneous results preventing otherwise authorized individuals from working. However, erroneous results have declined in recent years. In fact, the USCIS reported that for fiscal fear 2013, 1.19 percent of employees received initial system mismatches. That’s markedly less than reported four years ago…

Opponents also argue that the system promotes identity theft and fraud. In particular, undocumented immigrants stealing Social Security Numbers, thereby wrongfully gaining employment. However, as of last year, E-Verify can now detect and prevent individuals from using fraudulent SSNs to establish their employment-eligibility verification…

With all of these improvements, E-Verify is like insurance for employers to confirm they have hired an authorized work force and eliminates the guesswork on whether an individual is authorized to work in the U.S.”

“The Front Burner: Yes: Database for Workers’ Authorization Operates Well,” Orlando Sentinel, Nov. 26, 2014

Involvement and Affiliations:
  • Legal Editor, XpertHR, Oct. 2011-present
  • Counsel, Schwartz Simon Edelstein & Celso, LLC, July 2010-Sep. 2011
  • Associate, Schwartz Simon Edelstein & Celso, LLC, June 2007-July 2010
  • Associate, Saiber, LLC, Sep. 2003-June 2007
  • JD, Syracuse University College of Law, 2001
  • BA, Criminal Justice, Richard Stockton College of New Jersey, 1998
  • Has successfully litigated cases before the New Jersey Superior Court, US District Court, US Equal Employment Opportunity Commission (EEOC), and the New Jersey Division on Civil Rights
  • Twitter handle: @MelissaSilver10