E-Verify For Federal Contractors
| Updates |
September 17, 2009
Read a NAFSA practice advisory on the E-Verify for Federal Contractors rule.
September 11, 2009
DHS has made available an E-Verify Supplemental Guide For Federal Contractors that reviews specifics of how the rule is being implemented and specifics of how and when to enroll in and begin using E-Verify as a federal contractor.
September 10, 2009
Plaintiffs in the U.S. Chamber of Commerce v. Napolitano case appealed the District Court’s decision, but their motion for an injunction pending the appeal was denied on September 9, 2009, and so the rule goes into effect on September 8, 2009, despite the pending appeal.
September 1, 2009
U.S. Citizenship and Immigration Services (USCIS) reminds federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States.
Read more.
August 31, 2009
On August 25, 2009, a federal court decided in favor of the U.S. government's position in the U.S. Chamber of Commerce v. Napolitano case, relating to implementation of the final E-Verify rule for federal contractors. Unless further litigation ensues, the court's decision clears the way for the rule to take effect on September 8, 2009. Read the court's opinion and order.
August 31, 2009
Throughout the month of September, DHS will offer a free 1.5 hour E-Verify Webinar that will include a topic overview, demonstration of the E-Verify system, if applicable, and a question and answer session. Participants can choose a federal contractor (FAR) version of the Webinar or a general E-Verify version. Visit the DHS Web site for a schedule and information on how to sign up.
June 5, 2009
A June 5, 2009 Federal Register notice delays applicability of the E-Verify rule for federal contractors until September 8, 2009.
April 17, 2009
An April 17, 2009 Federal Register notice delays applicability of the E-Verify rule for federal contractors until June 30, 2009.
January 30, 2009
A January 30, 2009 Federal Register notice delays applicability of the E-Verify rule for federal contractors until May 21, 2009.
January 28, 2009
A U.S. Chamber of Commerce notice states that DHS agreed to postpone the implementation of the federal contractor E-Verify regulation until May 21, 2009.
January 14, 2009
The applicability date of this rule, originally scheduled to go into effect on January 15, 2000, was delayed by a January 14, 2009 Federal Register notice until February 20, 2009.
January 13, 2009
ACIP and the law firm of Proskauer Rose reported that the government agreed to suspend applicability of this rule to give the parties time to file briefs in a lawsuit filed on December 23, 2008 by Proskauer on behalf of ACIP, the U.S. Chamber of Commerce, and three other associations. |
Background
On November 14, 2008, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA), published a final rule amending the Federal Acquisition Regulation (FAR) to require certain federal contractors and subcontractors to use the U.S. Citizenship and Immigration Services' (USCIS) E-Verify system.
The rule is effective September 8, 2009.
General Applicability
The general summary below is derived from two USCIS Q&As on this topic. Refer to those documents and to the final rule for greater detail.
The final rule applies only to employers with a qualifying federal contract that is awarded on or after the applicability date of the final rule. Only federal contracts that meet all of the following conditions will subject a prime contractor to the E-Verify requirement:
- The prime contract has a period of performance longer than 120 days
- The prime contract has a value above $100,000 (the simplified acquisition threshold)
- The prime contract contains an E-Verify clause requiring the contractor to use E-Verify as a condition of the contract
- The prime contract was awarded on or after the applicability date of the final rule
The rule also applies to subcontracts for services or construction with a value over $3,000 where the prime contract contains the E-Verify clause.
Contracts awarded prior to the applicability date of the final rule without the E-Verify clause are not bound by the rule, except for indefinite delivery/indefinite quantity (IDIQ) contracts that are modified on or after the applicability date of the final rule to include the E-Verify clause.
Special Category Employers, Including Institutions of Higher Education
Under the final rule, institutions of higher education with qualifying federal contracts can choose to limit the E-Verify verification to only employees (existing or new hires) assigned to the federal contract in question. This exemption also applies to "a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond." The proposed rule published on June 12, 2008, did not contain such an exemption. Federal contractors not eligible for the exemption must use E-Verify to verify all current employees working on a federal contractor as well as all new hires regardless of whether they are working on a federal contract.