labor lawAdivision of labor law center

Companies holding federal contracts need to be aware of important deadlines regarding the new E-Verify regulations.

 

These regulations require that employers use the E-Verify system to determine that current employees – even long-term employees – working on federal projects can legally work in the U.S.

 

Some important deadlines to keep in mind: 

• The employer must enroll in E-Verify, or re-enroll as a federal contractor, within 30 days after a federal contract is signed
• Within 90 days, the employer must begin verifying the status of new hires
• Within 90 days, the employer must check the work status of all current employees who will work on the federal project
• Any subcontractors hired must also meet the same deadlines 

Even a company that has  used E-Verify for many years must re-enroll once a federal contract is signed. “It’s very important that employers understand that they have to be identified and enrolled as a federal contractor,” says Cynthia Lange, an attorney with Fragomen, Del Rey, Bernsen & Loewy, LLP.

 

This is a reversal in regulations, since in the past employers were prohibited from using E-Verify to determine the work status of any existing employees.

 

Business owners may be tempted to enroll in E-Verify immediately, but experts urge them to wait until a federal contract is signed. “Businesses that didn’t hold a new or current contract with the federal government will most likely have to re-enroll once a new contract is signed,” according Lange.

 

The mandatory use of E-Verify by federal contractors was first proposed by then-president George W. Bush in June 2008. In November 2008, the final regulations to enforce the executive order were issued. However, like a number of other executive orders, it was put on hold until President Obama took office.

President Barack Obama

The mandatory use of E-Verify by federal contractors was contested in court by a coalition of employer’s groups, including SHRM, the Society for Human Resource Management.

 

E-Verify is a joint venture between the Department of Homeland Security, the Social Security Administration and USICS, the Immigrations and Customs Service.