E-Verify Becomes Mandatory for Federal Contractors
Wednesday, September 9, 2009
Contributed by: Nicholas Nevarez, Jr.
On September 8, 2009, federal contractors will be required to participate in the government’s E-Verify program. Currently, for all new hires all employers are required to complete and retain a Form I-9, Employment Eligibility Verification. E-Verify is a web-based system that allows employers to go further in verifying an employee’s work authorization. This system allows employers the ability to check the information provided by employees against Department of Homeland Security and Social Security Administration databases. If an employee’s name and Social Security number do not match, then an employer must terminate the employee or risk noncompliance penalties for knowingly employing unauthorized workers. For non-federal contractors, E-Verify remains a voluntary program.
Federal contractors will be required to use E-Verify for all new hires and all existing employees directly performing work under federal contracts. A major difference between E-Verify employers who voluntarily participate in the program and federal contractors who must participate in the program is that federal contractors must check work authorization for existing employees as well as for new hires.
The E-Verify requirement will apply to prime Federal Contracts with a period of performance longer than 120 days and a value above $100,000.00. Solicitations issued and contracts awarded after September 8, 2009 will contain an E-Verify clause requiring use of E-Verify. In addition, certain contracts in place prior to the implementation of the September 8, 2009 rule will be modified to include the E-Verify clause. Exemptions include federal contractors that relate only to commercially available off-the-shelf items.
Federal contractors will be required to enroll in the E-Verify program within 30 days of the contract award date and will then have 90 days from the date of enrollment to verify existing employees assigned to Federal Contracts and new hires. Federal contractors will also have the option of verifying their entire U.S. workforce.
Please refer to a previous article regarding Underwood attorney Nicholas Nevarez, Jr. at the Panhandle Regional Planning Commission -
Nick Nevarez, Jr. gives E-Verify Workshop Presentation at PRPC. If you should have any questions, please do not hesitate to contact a member of the Underwood Law Firm Immigration Section with any questions or concerns.
This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.
