DHS Designates E-Verify as Employment Eligibility Verification System for all Federal Contractors – Affects Millions of Workers

Full Implementation to Start September 8, 2009

The long-delayed requirement for federal contractors to use the E-Verify system to verify the employment eligibility of workers will now be implemented on September 8, 2009.  The rule extends use of the E-Verify system to most federal contractors and subcontractors, including those who receive stimulus funds.  The rule will now apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

Background

On June 6, 2008, an Executive Order mandating E-Verify for all federal contractors was issued.  This Presidential Order is an extension of policy that has been enacted by a number of states dealing with federal contracts. (Click here for further information on state requirements.)

This order mandates that private companies with government contracts utilize the E-Verify system as a condition for future federal contracts.

The necessary notice has been placed in the Federal Register and the final rule has now been published.  The effective date for this new requirement was delayed several times, and is now September 8, 2009. 

About E-Verify

E-Verify is a voluntary, internet-based system operated by USCIS, in partnership with the Social Security Administration that allows employers to verify employment eligibility of new hires.  In addition to the use of the E-Verify system and compliance with its regulations, employers still must comply with I-9 Employment Verification requirements.

Prior to leaving office, President Bush signed a short term continuing resolution to extend the E-Verify program through March 6, 2009 and the government planned to inject $100 million in new funding to the program until then.  The program had been scheduled to sunset on November 29, 2008. 

The extension left open the question of whether E-Verify will be reauthorized now that Congress has reconvened.  President Obama has indicated his support for E-Verify and immigration reform as a whole.

Clearly action should be taken by large corporations in order to protect their position in reviewing with all appropriate parties the E-Verify system and its utilization.  As always, this office is available to consult with you and your company regarding registration under the E-Verify program and compliance with E-Verify requirements.

For Frequently Asked Questions with regard to E-Verify for Federal Contractors, please see the USCIS website at http://www.uscis.gov/files/article/FAR_FAQ_13nov08.pdf.

Wildes & Weinberg offers a full range of services with regard to all employment eligibility verification, discrimination and compliance issues, including

For further information on how we can help your firm meet its employment verification obligations, please contact Amy Wildes at awildes@wildesweinberg.com.