(June 9, 2009) The effective date of the final rule requiring certain federal contractors and subcontractors to use E-Verify has been delayed until September 8 to allow the Obama administration more time to review the rule.
Initially, federal contractors were required to use E-Verify beginning on January 15, but the rule was put on hold three times. The start date was first delayed to February 20, then until May 21, and most recently to June 30. September 8, 2009 is the fourth extension date.
E-Verify is an Internet-based system operated by the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) that allows employers to verify the employment eligibility of their employees, regardless of citizenship. Information the employee provides on his or her Form I-9 is electronically checked by E-Verify against records in Homeland Security and Social Security Administration (SSA) databases.
The rule will affect only federal contractors who are awarded a new contract after June 30, 2009 that includes the Federal Acquisition Regulation (FAR) E-Verify Clause (73 FR 67704).
Federal contractors may NOT use E-Verify to verify current employees until the rule takes effect and they are awarded a contract that includes the FAR E-Verify Clause.
The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees.
The amended executive order reinforces the policy, first announced in 1996, that the federal government do business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.
Updates on Watchdog Blog
The CalChamber is tracking these developments and will provide updates on the HRCalifornia Watchdog blog.
Staff Contact: Jessica Hawthorne