Federal Contractor Requirement to Use E-Verify Finalized, Effective Jan. 15, 2009

Signing of Contract Federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system starting January 15, to verify their employees’ eligibility to legally work in the United States, http://edocket.access.gpo.gov/2008/pdf/E8-26904.pdf according to a final rule issued by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council.

E-Verify is a free Internet-based system operated by the Dept. of Homeland Security with the Social Security Administration for participating employers to electronically verify the employment eligibility of their employees. USCIS has a Q & A fact sheet for federal contractors on E-Verify.

The new rule implements a June 6, 2008 order from President Bush directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The order reinforced a policy first announced in 1996, that the federal government does business with companies having a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.