E-Verify for Federal Contractors – Know the Rules

The rules are clear – Federal Contractors who use E-Verify must take an E-Verify tutorial or a refresher if they have previously taken the training to learn how to properly manage E-Verify results.  Federal Contractors must  pass a mastery test before they can use E-Verify.

Alternately, a company may choose to use a DHS (Department of Homeland Security) approved Designated Agent, like I-9 Okay, to eliminate this requirement.  As a  Designated Agent I-9 Okay is responsible for accessing E-Verify on behalf of our clients. I-9 Okay eliminates the need for a  company to spend valuable time and resources on the tutorial and mastery test and monitors E-Verify for new hire confirmation and non-confirmation updates.  This can add up to substantial savings for an employer and give peace of mind knowing that employment verification is done right the first time.

The I 9 Compliance experts at I-9 Okay allow business owners to focus on running their business by leaving the complex issue of employment eligibility verification and E-Verify to us.  We will show you how we can save you time and money while ensuring your company is in full Form I 9 compliance.

E-Verify is Here to Stay

September 8, 2009 is fast approaching and it looks like the Final Rule that  requires most employers who are awarded Federal contracts on or after Sept 8 to use E-Verify to check the work eligibility of their employees is a “done deal”.   Congress has agreed to continue funding E-Verify until at least 2012.  Many states have passed legislation requiring the use of E-Verify in some capacity.  E-Verify appears to be here to stay.

As an employer why should you consider E-Verify?  Simply put, E-Verify is the best tool currently available to insure you are hiring a legal work force.  E-Verify uses information collected on the Form I-9 to search the database of the Department of Homeland Security and the Social Security Administration to check the work eligibility of the people you are hiring.  When confirmed through E-Verify, you can print a confirmation report to keep  with your I-9 records.  It is one more step in developing a “good faith” compliance plan concerning your responsibility under the law to hire only authorized workers.

Federal Contractors Need to Get Ready for E-Verify

In less than 30 days, most federal contractors will be required to use E-Verify.  E-Verify works by allowing  employers to electronically compare employee information taken from the Form I-9 against  records in SSA’s database and records in DHS’ immigration databases.

Federal contracts awarded and solicitations issued after September 8, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

Employers that expect to be awarded federal contracts on or after September 8, 2009 need to make plans now to comply with this new requirement.  Employers may register for E-Verify and learn to use the system or they can outsource the E-Verify process to a Designated Agent who has been approved by E-Verify to use the system on behalf of employers.  It is important that federal contractors prepare now by carefully reviewing the entire Employment Eligibility Verification process by scheduling an audit of their I-9s, updating their company compliance plan, training personnel to handle the new requirements, and making a decision about who will manage the E-Verify process.

A qualified I-9 consultant can help make the transition to these new requirements a lot less stressful and time consuming.  The website www.I-9Okay.com has a great FAQ section and important Fact Sheets to assist federal contractors with full compliance of I-9 regulations and the new E-Verify requirements.

I-9 and E-Verify News

Many employers are concerned about the “expired” Form I-9, Employment Eligibility Verification.  The most current I-9 was revised 2/2/2009 and has an expiration date of 6/30/09. On June 26, 2009, the Department of Homeland Security  issued a statement that this “expired” form will continue to be valid beyond June 30, 2009, until such time a new form is released. 

Congress has agreed to fund E-Verify and has approved language to be added to FAR (Federal Acquisition Requirements) to require the use of E-Verify by federal contractors beginning Sept 8, 2009.  Many more cities, states, and municipalities are considering E-Verify for contractors.   Currently 12 states require the use of E-Verify. The state of Utah is the most recent addition to states with additional requirements concerning employment verification procedures.  The city of Lake Forest, CA is considering E-Verify. 

Employers need to stay informed and current concerning I-9 compliance and E-Verify. 

Federal Contractors Must Use E-Verify Sept 8, 2009

Well, we’ve known it would happen. President Bush signed  Executive Order 12989, on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees by using E-Verify.   The final rule has been delayed several times while it has been challenged in court and reviewed by the current administration.  After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009. 

Federal contractors and subcontractors will be required to begin using the E-Verify system starting September 8, 2009, to verify their employees’ eligibility to legally work in the United States.   The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change.

Federal contracts awarded and solicitations issued after September 8, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

 E-Verify is the web-based system that allows an employer to use the information obtained on the Form I-9, Employment Eligibility Verification, to electronically verify an employees work eligibility within a few seconds by comparing the information from the I-9to the records in the databases of the Department of Homeland Security and the Social Security Administration.  Currently, using E-Verify is voluntary for all U.S. employers.  However, the federal contractor rule extends use of the E-Verify system to most federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.   This new rule requires federal contractors to agree to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and unlike voluntary use of E-Verify which expressly forbids employers from using E-Verify for their current employees, this rule will require federal contractors to confirm the employment eligibility of their current employees who perform contract services for the federal government within the United States.