Feds Clarify Rules on Contractor E-Verify Mandate

The E-Verify online employee status system faced two new hurdles in September. On Sept. 8, the E-Verify Contractor Rule was set to go into effect but faced last-minute court challenges, and on Sept. 31 funding for the system itself was in danger of expiring.

On the first issue, the courts sided with the United States Citizenship and Immigration Service (USCIS) in allowing the contractor mandate to go forward. On the second issue, the Senate passed a last-minute bill to fund E-Verify through Oct. 31 when a yearlong funding bill for the parent Department of Homeland Security (DHS) is expected to pass and extend E-Verify authorization indefinitely.

Since the Sept. 8 implementation of the E-Verify mandate, contractors have been seeking clarification, and over the weeks USCIS has obliged them by posting answers to common questions. Here’s what they’ve said:

Who’s affected by the rule? Any entity accepting a federal contract on or after Sept. 8, 2009, with a length of 120 days or more and a value of $100,000 or more must use E-Verify to certify its employees’ legal status to work in the United States. The same goes for subcontractors meeting the same conditions but with contract values of $3,000 or more. The rule does not apply to contracts for off-the-shelf procurement.

Which employees must be verified? The simple answer is all of them, both existing and new hires.

When do we have to enroll in E-Verify? Once you sign a federal contract, you have 30 days to enroll in E-Verify. Then you have 90 days to complete the verification process for your workforce.

What if we already have a federal contract we’re working on? Then the rule doesn’t apply. The E-Verify Contractor Rule applies only to contracts issued with the E-Verify written notification on or after Sept. 8, 2009.

What if we’re already enrolled in E-Verify? You’re fine except you must check your profile to ensure that your business is listed as a "federal contractor." If not, then update your profile to include that specification.

What does it cost to enroll in E-Verify? The system is completely free and relies on databases at the DHS and the Social Security Administration to verify legal residency status and Social Security Numbers.


NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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  • Brittancus says:

    YES! Legal Immigration matters? We should announce to the world that newcomers are welcome, if they come through the front door? We only need those immigrants with specialized skills, such as computer engineers, scientists, doctors and those with highly recommended credentials as developed nations? America has a sovereign right who we choose to settle here? What we don’t need is pregnant women slipping across our border, for instant citizenship of their child or destitute illegal aliens whose cannot exist without taxpayer welfare, chain family migration? We don’t need in this country illegal recipients who need free health care, education when we already ignore our own people who live in poverty? We need to enforce the 1986 immigration reform law (IRCA), not cripple it for the sake of parasite businesses who live of the slavery of millions of foreign national workers. We need to execute now, a complete war immigration chest containing a mandated E-Verify for every worker, 287 G, local police arrest of foreign workers, the Rep.Duncan Hunter original national fence, instead of chopping it down to single line. We need enforcement of our laws, with harsh penalties for violating them. We need politicians we can trust, instead of the elected such as Sen.Reid, Speaker Pelosi, Feinstein and a whole list, who can be graded as Anti-American worker, anti-sovereignty, pro-illegal immigration and compromisers of the Rule of Law. Submerge them in your anger and frustration at 202-224-3121 Find out the buried truth at NUMBERSUSA, JUDICIAL WATCH & CAPSWEB, for overpopulation facts.


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