September 14, 2009

After 4 Delays, Federal Contractors Required to Use E-Verify on or after Sept. 8, 2009

Effective September 8, 2009, federal contractors and subcontractors are required to use the E-Verify system to verify their employees’ eligibility to work in the U.S. if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause.

The FAR; Case 2007-013; Employment Eligibility Verification Clause extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued after September 8 will include a clause committing government contractors to use E-Verify.

Companies awarded a contract with the E-Verify clause on or after September 8 will be required to enroll in E-Verify within 30 days of the contract award date. E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the U.S. The technical rules implementing the use of E-Verify for Federal Contractors (and their subs) are complex and require a careful review with the assistance of counsel.

For more information, please refer to the USCIS E-Verify website to monitor the status of this bill and will provide updates as information becomes available.