E-Verify Requirement for Federal Contractors Takes Effect September 8
By Greg Berk
A recent federal district court decision regarding the mandatory use of E-Verify for federal government contractors clears the way for the government to fully implement this requirement on Sept 8, 2009. Chamber of Commerce v Napolitano, No AW-08-3444, U.S. Dist Ct., So. Dist. Maryland, 8/25/09
E-Verify is the internet-based I-9 employment verification system run by the Department of Homeland Security (DHS). The Court held that being a federal government contractor is optional and therefore the issue of whether DHS can legally mandate use of E-Verify is moot.
As a result, on September 8, 2009, all new contracts awarded by the federal government that exceed $100,000 will require that those contractors use E-Verify verification as part of the I-9 hiring process. In addition, those contractors will be required to include mandatory E-Verify provisions in all sub-contracts exceeding $3,000.
Federal contractors and subcontractors will be required to use E-Verify for new hires as well as for those existing employees that are working on a “covered” contract.
Contracts signed prior to September 8, 2009 will not be affected. This is a prospective requirement that will be triggered through the award of a new federal contract.