Rule Requiring E-Verify for Federal Contractors Upheld

September, 2009

A federal court upheld the regulation set to take effect on September 8, 2009, requiring federal contractors and subcontractors to use E-Verify, a government electronic verification program.  Under the regulation, all federal contractors, regardless of size, with contracts lasting longer than 120 days and over $100,000 will be required to participate in the program.  Subcontractors providing services or construction of over $3,000 are also required to participate.

As of September 8, 2009, contractors required to participate will be given 30 days to enroll in the program and another 90 days from the date of enrollment to begin verifying all new hires during the contract term and existing employees who will be working on the contract.  After this 90-day phase-in period, you will be required to initiate verification of each newly hired employee within three business days after their start date.

If you have already enrolled in E-Verify and you are awarded a federal contract after September 8, 2009, you will need to update your company profile once your contract has been awarded. Employers participating in the program must also post specific notices to applicants in a prominent place visible to applicants and employees.  The notices are available for employers after enrolling in the program through the USCIS' "on-line resources" page.


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