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Department of Homeland Security Secretary Janet Napolitano recently announced the Administration’s support and implementation of regulations requiring the utilization of the E-Verify System by federal contractors and subcontractors to check employee work authorization - http://www.dhs.gov/ynews/releases/pr_1247063976814.shtm . The requirement will apply to federal solicitations and contract awards made on and after September 8, 2009. The new rule will require the application of the E-Verify clause for prime federal contracts with a period of performance in excess of 120 days and a value above the simplified acquisition threshold of $100,000. The rule will apply to subcontractors, if a prime contract includes the E-Verify requirement. For subcontracts that flow from such prime contracts, the rule will extend the E-Verify requirement to subcontracts for services or construction with a value greater than $3,000. Further details on this new requirement appear below:
Secretary Announces Administration's Support for E-Verify
Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. To read this entire article click here.
USCIS Issues Guidance on Employment Eligibility Verification Form
Form I-9 continues to be valid beyond the current expiration date of June 30, 2009. For more information, please see the USCIS Update in the "Related Links section of this page.
Federal Contractor rule delayed until September 8, 2009
The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until September 8, 2009.
The rule will only affect federal contractors who are awarded a new contract after September 8, 2009 that includes the Federal Acquisition Regulation (FAR) E-Verify clause (73 FR 67704).
Federal contractors may NOT use E-Verify to verify current employees until the rule becomes effective and they are awarded a contract that includes the FAR E-Verify Clause.
The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States. Read the frequently asked questions about this new rule here.
Rule Requiring Federal Contractors to Use E-Verify System Delayed
Acting Deputy Director Michael Aytes, U.S. Citizenship and Immigration Services testifies on Capitol Hill
Testimony of Acting Deputy Director Michael Aytes, U.S. Citizenship and Immigration Services, before the House Committee on Appropriations, Subcommittee on Homeland Security, "Priorities Enforcing Immigration Law" took place on April 2, 2009. To read the complete testimony click here.
E-Verify Logo Usage
The E-Verify mark and logo are registered trademarks of the Department of Homeland Security and use without permission is unauthorized and in violation of trademark law.
For more information or to request to use the logo please email uscis.verlogo@dhs.gov
For more information contact Harold Kelly.