Starting January 15, 2009, federal government contractors and subcontractors will be required to use the E-Verify system to verify their employees' employment eligibility in the United States. The final rule is scheduled to be published on November 14, 2008.
This new rule requires federal contractors to agree 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 services for the federal government in the United States.
A clause committing contractors to use E-Verify will be included in all federal contracts awarded after January 15, 2009 and will be inserted into the contracts already in existence on January 15, 2009. Contracts exempt from this rule include those for less than $100,000; those for commercially available off-the-shelf items; those lasting less than 120 days; those where all work is performed outside the United States; and subcontracts for less than $3,000.
Required federal contractors must use E-Verify for all new employees, who have completed the Employment Eligibility Verification Form I-9, and all existing employees who directly perform work under the federal government contract. Those who have an active federal agency HSPD-12 credential or who have been granted and hold an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual do not need to be verified.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
