E-Verify Requirement for Federal Contractors begins

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After nearly eight months of postponements, the new E-Verify system goes into effect today, September 8, 2009, for certain federal contractors.
Barran Liebman LLP

As you may remember from previous E-Alerts, current law requires that all employers complete an Employment Eligibility Verification Form (Form I-9) to verify a new employee’s identity and employment eligibility. The new rule requires that federal contractors enter the employee’s identity and eligibility information into the E-Verify system, an internet-based employment eligibility database. E-Verify must be used for work on all federal contracts awarded after September 8, 2009, that call for a time of performance that exceeds 120 days and that have a value greater than $100,000. Contracts for commercially available items are exempt from the requirement. Subcontractors must use E-Verify if the prime contract includes the requirement and the value of the contract exceeds $3,000.

The federal government initially planned to roll out E-Verify for federal contractors in January 2009, but issued a series of delays in response to a lawsuit filed by interest groups opposing the rule. Last week, a federal court in Maryland issued a decision upholding the rule’s validity, paving the way for it to go into effect.

For more information for Federal Contractors, visit the U.S. Citizenship and Immigration Services website by clicking here.
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