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Employer ‘E-Verify’ Now in Effect

Friday, September 11, 2009

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Contractors at all tiers of domestic federal construction projects are now required to enroll in and use the federal government’s E-Verify system to verify employment eligibility.

The program took effect Sept. 8 after nearly 15 months of delays caused by government reviews and court challenges.

E-Verify is a free Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of newly hired employees.

The rule requires enrollment by contractors on new federal projects valued at $100,000 or more and lasting more than 120 days, and by all subcontractors performing more than $3,000 of work on those contracts.

The E-Verify federal contractor rule affects only federal contractors who are awarded a new contract on or after Sept. 8, 2009, that includes the Federal Acquisition Regulation (FAR), FAR E-Verify clause (73 FR 67704).

Government contracting officials, not the E-Verify program, determine whether a company’s contract will include the FAR E-Verify clause. Contractors are advised to review their contracts for the FAR E-Verify clause and to check with their government contracting officials if they have questions.

Federal contractors who are required to use E-Verify must verify the employment authorization of both new hires and existing employees currently assigned to a federal contract.

Full details, including a video presentation, tutorial and handbook, are available at www.dhs.gov/E-Verify.

   

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