As a result of the most recent ruling in the ongoing E-Verify saga, Chamber of Commerce of the United States of America v. Napolitano, federal contractors will be required to use E-Verify starting September 8, 2009.
Certain federal contractors and subcontractors will be required to use the Internet-based system operated by the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) to verify the employment eligibility of their employees, regardless of citizenship. The USCIS website states:
The final rule applies to solicitations issued and contracts awarded after the applicability date of the final rule in accordance with FAR 1.108(d). The final rule will become applicable to contractors on September 8, 2009. All employers, including federal contractors, may enroll in E-Verify at any time without waiting for the applicability date.
Under the final rule, employers are required to enroll in E-Verify if and when they are awarded a federal contract or subcontract that requires participation in E-Verify as a term of the contract. If you wish to enroll in E-Verify before the applicability date of this rule you may do so now. Enrolling now may help you become familiar with the system and may make it easier for you to use E-Verify if and when you are awarded a federal contract.
Verification of employees through E-Verify is limited to new hires only, unless you are a federal contractor who has been awarded a contract on or after September 8, 2009. If you have already enrolled in E-Verify and you are awarded a federal contract after September 8, 2009, you will need to update your company profile through the “Maintain Company” page once the contract has been awarded.
Once you designate your organization as a federal contractor, all E-Verify users at your company will need to take a federal contractor tutorial that explains the new policies and features that are unique to federal contractors.
For more information, please visit the FAQ section on the USCIS website or contact Dick Warren, our compliance specialist.
You can also download the final rule here.
