Government Contractors Will Have To Use E-Verify Program.

E-Verify Shall Be Mandatory for Federal Contractors.

Effective January 15th, 2009, all Federal Contractors must enroll in E-Verify if and when they are awarded a federal contract or subcontract that requires participation in E-Verify as a term of the contract.

On June 6th, 2008, the President issued Executive Order 13465 "Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System," providing that "Executive Departments and Agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of the Department of Homeland Security ("DHS") to verify the employment of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the federal contract." The Federal Acquisition Regulation ("FAR") was amended to require federal contractors to use E-Verify, which is the system designated to implement the Executive Order.

For those who are not aware, E-Verify is an internet-based system operated by the Department of Homeland Security ("DHS"), U.S. Citizenship and Immigration Services ("CIS") that allows employers to verify the employment eligibility of their employees, regardless of citizenship. Based upon the information provided by the employee on his or her Form I-9, E-Verify verifies this information electronically against records contained in DHS and Social Security Administration ("SSA") databases . . .

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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