Implementation of the regulation requiring certain federal government contractors and subcontractors to use the U.S. Citizenship and Immigration Services (USCIS) E-Verify system has once again been delayed. Most recently scheduled to become effective on June 30, the regulation’s effective date has been pushed back to September 8, 2009. The regulation was published on November 14, 2008, and was originally scheduled to become effective on January 15, 2009. This is the fourth time implementation of the regulation has been delayed.

The regulation will require certain federal contracts to include a clause committing the government contractor to use E-Verify for their new hires and all employees (existing and new) assigned to perform any work on the contract. The rule requires the E-Verify clause for prime federal contracts with a period of performance longer than 120 days and a value above the simplified acquisition threshold of $100,000. The rule only covers subcontractors if a prime contract includes the clause. For subcontracts that flow from those prime contracts, the rule extends the E-Verify requirement to subcontracts for services or for construction with a value over $3,000. For more information, see USCIS’ updated FAQ on the Federal Contractor regulation.

E-Verify is an Internet-based system operated by USCIS that allows employers to verify the employment eligibility of employees. E-Verify checks employee-provided I-9 information against records contained in databases maintained by the Department of Homeland Security (DHS) and Social Security Administration (SSA). Under federal law, the system is voluntary for employers. However, several states have passed laws requiring some employers to use E-Verify. (For information on the most stringent state laws affecting eVerify, see the December 2008 issue of the Immigration eAuthority.)

Note: This article was published in the June 2009 issue of the Immigration eAuthority.


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Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

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