Employers Awarded Federal Contracts Must Now Verify Employees' Work Authorization


Effective September 8, 2009, employers with federal contracts must begin checking work authorization for employees through the government E-Verify system. The rule applies to federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act Funds. E-Verify is an Internet-based program operated by the Department of Homeland Security agency, U.S. Citizenship and Immigration Services ("USCIS"), for employers to cross-check a worker's birth date, name, Social Security information, and visa and immigration status against records contained in Homeland Security and Social Security Administration ("SSA") databases. Employers who enroll in the program must use it uniformly for employees, regardless of citizenship.

E-Verify is available to all employers and there is no fee for enrollment, but the rule, stemming from the Federal Acquisition Regulation, now imposes its use on federal contractors and subcontractors for all employees assigned to federal contracts, and all new hires.

FOR MORE INFORMATION CONTACT: bus.immigrtn.atty@lanepowell.com

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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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