Builders and Contractors Exchange
Weekly Bulletin: 15 AUG 2008
The I-9 E-Verify Program To Be Mandatory For Federal Contractors
By: Mara S. Mijal
E-Verify is the newly expanded Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that employers can use to electronically verify the employment eligibility of newly-hired employees. The DHS has stated that an employer who verifies work authorization through E-Verify is presumed to have not knowingly hired unauthorized workers. To enroll in the program, the employer must sign an agreement that allows both DHS and SSA to make periodic visits to the employer’s place of business for the purpose of auditing I-9 records and interviewing the employer and the employees at the discretion of the government.
Currently, E-Verify is voluntary for all employers (with only very limited exceptions for some federal government employers and violators of certain immigration laws). However, on June 6, 2008, the President issued an executive order requiring all federal contractors to use E-Verify. The current proposed rule contains a sixty-day comment period, which ends on August 11, 2008. Once the comment period closes, the government will consider the comments submitted and publish an interim final rule. Once that interim final rule takes effect, contractors will need to comply with its requirements, which will be meant to ensure that all persons hired by the contractor to do work in the United States during the contract term are legally eligible for U.S. employment.
As of this writing, the DHS and other agencies responsible for the implementation of this new system have not yet provided guidance on how government agencies or employers should proceed in order to be in compliance. Depending on the terms of the final rule, it is possible that it will have a substantial impact on how federal contractors manage their workforce. Therefore, it is imperative for all affected employers to monitor all new developments to ensure that when the final rule goes into effect, the employers are in compliance.
Further information regarding the E-Verify program is available online at https://www.vis-dhs.com/EmployerRegistration. Federal contractors should review this information in anticipation of the final rule. If you have specific questions about Form I-9, E-Verify, or the proposed rule, you should contact an immigration attorney.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.