Thread: ACTION ALERT: Show your support for E-Verify (CAPSWEB)

This answers the question about subcontractors.

E-Verify System: What is Required from Federal Contractors and Subcontractors
On June 6, 2008 President Bush signed Presidential Executive Order amending Executive Order 12989, which prohibits federal contractors from employing individuals not authorized to work in this country. The amendment requires federal contractors and subcontractors to utilize E-Verify, an internet-based employment verification system operated by the United States Citizenship and Immigration Services in conjunction with the Social Security Administration. The public has 60 days to comment on the proposed rule.

In its current form, the rule indicates that all future government contracts and solicitations for U.S. based work will include the requirement to use E-Verify in the prime contract. In turn, all contractors or subcontractors are required to enroll in the E-Verify program within 30 days of the contract award and begin verifying the eligibility of new employees in E-Verify. Thereafter all new hires must be verified within three days as under current I-9 regulations. Contractors will also be required to use E-Verify to confirm the eligibility of employment for employees that are currently working on contracts that are covered by the E-Verify clause. E-Verify must be used throughout the term of the contract.

This E-Verify clause will be inserted into contracts covering work performed in the United States, with three exceptions. Those include: contracts of less than $3,000; commercially available off-the-shelf (COTS) items; or when waived by the contracting agency. Prime contractors are required to include the E-Verify clause in all subcontracts over $3,000 for services or construction. Departments and agencies are directed to amend existing indefinite-delivery/indefinite-quantity contracts to include the clause for future orders if the remaining period of the performance extends at least six months after rule goes into place and substantial work or orders are expected.

The proposed rule does not apply to any employment outside the U.S., including work on military installations and embassies in foreign countries, nor does it apply to employees hired prior to November 1, 1986.

Although federal contractors are not yet required to participate in E-Verify, it is recommended to enroll in E-Verify now to verify the employment eligibility of your new hires. The E-Verify program will be used in conjunction with the existing I-9 forms; however, under this rule all identification used for the completion of the I-9s must have photos.

If a contractor opts to begin utilizing E-Verify prior to the final rule, applicants must be informed the program is in use. This notice should be in conjunction with the anti-discrimination notice issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices at the Department of Justice. Both postings should be displayed in an area accessible to new hires and applicants. Once logged into the E-Verify system, these notices are available under the “Online Resourcesâ€

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