Business Immigration Insights

Under the Federal Acquisition Regulation (FAR), September 8, 2009, is the effective date for certain federal contractors to begin using E-Verify to confirm that their employees are authorized to work in the United States.  Although the new rule will apply to many federal contracts, there are broad exemptions and limitations.

Only contracts with the Department of Defense, General Services Administration, and National Aeronautics and Space Administration are affected, and only those that are above the simplified acquisition threshold of $100,000 and have a performance period of at least 120 days.  New contracts as of September 8, 2009, are not subject unless they contain the E-Verify clause, and existing contracts are not subject unless they are amended to include the clause.  Contracts for commercially available off-the-shelf items and related services are exempt.  A summary of the final rule and its exemptions may be here.

U.S. employers have 30 days to enroll in E-Verify after they are awarded a federal contract that is subject to the new rule, and 90 additional days to begin verifying current and new employees who will work on the contract.   Throughout the term of the contract, employers must verify all new hires within 3 business days whether those employees will work on the contract or not.  Employers may terminate E-Verify enrollment after the contract is complete.

USCIS has provided FAR E-Verify FAQs and will offer webinars in September, with online registration here.