Beginning September 8, 2009, federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system to verify their employees’ eligibility to legally work in the United States.  The requirement is designed to stop federal contractors and subcontractors from hiring illegal immigrants.

The E-Verify system is a federal government online database program that allows employers to verify employment eligibility by electronically comparing employee information taken from the Employment Eligibility Verification Form (Form I-9) against the records in the Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.  

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.

Federal contracts awarded and solicitations issued after September 8, 2009 will include a clause committing government contractors to use E-Verify.  Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

All contractors and subcontractors should review contracts awarded after September 8, 1009 for the FAR E-Verify clause to determine whether or not the company will be affected by the rule. 

The United States Citizenship and Immigration Services (USCIS) has published information and frequently asked questions on its website regarding application of the rule.  

View other news articles from September 2009