USCIS Publishes Rule Requiring All Federal Contractors to Use the E-Verify System

13 Nov 2008

USCIS announces that federal contractors and subcontractors will be required to use that agency’s E-Verify system to confirm the employment eligibility of many of their employees and new hires. Starting January 15, 2009, all federal contractors and subcontractors must verify through the E-Verify system all individuals hired during a contract period with the federal government and those current employees who will perform services for the federal government under a contract or subcontract.

All federal contracts that are awarded after January 15, 2009 and solicitations issued after that date will include a clause that clearly states government contractors are required to use E-Verify for employee eligibility verification. This clause will also be required for all subcontracts totaling $3,000 or more for services or construction. Contracts for less than $100,000 and those that are for commercially off-the-shelf products will be exempt form this requirement.

Any company not exempt from this clause will be required to enroll in E-Verify within 30 days of the contract award date and will be required to begin using E-Verify to confirm the legal work authorization of all their new hires and employees directly working on a federal contract.