E-Verify Effective Today

If your company is a (specific type of) Federal Contractor, take note that as of today (September 8, 2009) the United States Citizenship and Immigration Services is requiring you to use the E-Verify system to verify your employees’ (existing and new) eligibility to work in the United States.

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

What Federal Contractors are Subject to E-Verify?

If your company is awarded a prime contract with a period of performance longer than 120-days and a value above $100,000 (not including only COTS items or a contract performed outside of the US), then you must sign up for the program within 30-days.  In addition, if the prime contract includes the E-Verify clause, the requirement extends to any subcontract flowing from the prime contract for services or construction valued at greater than $3000.

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 United States.

The E-Verify requirement is triggered on the contract or subcontract award date.

The WSJ has an interesting story on the topic here (subscription may be required).