June 1,
2009
Click here for a pdf version
of this Alert.
On May 29, 2009,
the Department of Defense,
General Services
Administration, and National
Aeronautics and Space
Administration agreed to
delay the applicability date
of the E-Verify Requirement
for Federal Contractors
until September 8, 2009.
This is
Greenberg Traurig’s
Business Immigration
and Compliance Group
has extensive
experience in
advising
multinational
corporations on how
to minimize exposure
and liability
regarding a variety
of employment
related issues,
particularly I-9
employment
eligibility
verification
matters. In addition
to assisting in H-1B
(Labor Condition
Application) audits,
GT develops
immigration-related
compliance
strategies and
programs and
performs internal
I-9 compliance
inspections. GT has
also successfully
defended businesses
involved in
large-scale
government worksite
enforcement actions
and Department of
Labor Wage and Hour
investigations. GT
attorneys provide
counsel on a variety
of
compliance-related
issues, including
penalties for
failure to act in
accordance with
government
regulations, IRCA
antidiscrimination
laws, and employers’
responsibilities
upon receiving
Social
Security
Administration
“No-Match” letters. |
the fourth delay in
the implementation of the
E-Verify requirement for
federal contractors. The
implementation of the
requirement was previously
delayed from January 15,
2009 until February 20, 2009
by the Department of
Justice. The
date was then pushed back to
May 21, 2009 and again to
June 30, 2009.
Sources inside the federal
government acknowledge that
the Obama administration is
toying with the idea of
removing the requirement
that contractors run
existing employees working
under a federal contract
through the E-Verify system,
although nothing indicating
this has been made public.
Many experts in the
compliance area agree that
federal contractors will
eventually be mandated to
use the system. However, the
crux of the issue remains
whether the existing
employee requirement will be
removed or changed. As it
now stands, the federal
contractor rule is
burdensome for
budget-conscious employers
already facing turbulent
economic times. In
particular, the rule forces
government contractors, and
their subcontractors who are
subject to the rule, into a
tedious and costly review of
I-9 forms dating back to
1986. Employers must
communicate with each
employee and update Section
1 of the Form I-9. They also
need to ensure that other
E-Verify requirements are
met including verifying that
a photograph of the employee
was reviewed during the
initial process and that
current status documents are
updated to reflect the
employee’s current
eligibility to work in the
U.S. In many cases, an
entirely new I-9 will need
to be completed. It is
critical to understand that
the new implementation date
of September 8, 2009 is not
the actual date that
E-Verify will become
mandatory for all federal
contractors, but rather the
earliest date that the
government can insert the
requirement into its
solicitations thus
subjecting contractors to
E-Verify usage.
Greenberg Traurig is
currently preparing
individualized strategies
and guidance for employers
based on their specific
needs, including counseling
on applicability of
Commercial Off-the-Shelf
(COTS) and security
clearance exemptions. For an
overview of the rule, please
see the November 2008 GT
Alert, New Immigration
Requirements for Federal
Contractors.
If you have questions about
this regulation, would like
a more detailed analysis of
how the requirements will
affect your business, or
would like information on
one of GT’s upcoming
compliance webinars, please
contact Dawn M. Lurie at
luried@gtlaw.com /
703.903.7527 or your GT
relationship attorney.
