Federal Contractors Required to E-Verify Employees
Employers awarded federal contracts after Sept. 8, 2009 that are subject to Federal Acquisition Regulation (FAR) are now required to enroll in the Internet-based E-Verify program, and to electronically check the identity and work authorization of all new hires, as well as existing employees who will work on the contract.
The final rule requires federal contractors to enroll in the E-Verify program within 30 days from the date of the federal contract, and to complete verification within 90 days of enrollment.
The rule is intended to deter the employment of unauthorized aliens on federal contracts. It is anticipated that 169,000 employers and approximately 3.8 million employees will be subject to the E-Verify participation requirement.
Among the conditions of the new rule:
- Only federal contracts in excess of $100,000 are subject to the rule.
- Only federal contracts with a performance period of more than 120 days are subject to the rule.
- Contracts to supply commercially available off-the-shelf items are exempt.
- For a subcontract exceeding $3,000, the federal contractor must require the subcontractor to enroll in E-Verify and to verify new hires and existing employees who will work on the subcontract.
- The rule only applies to employees working in the United States (including Guam, Puerto Rico and U.S. Virgin Islands).
- Only federal contracts awarded in accordance with FAR acquisition rules are subject to the E-Verify enrollment requirement. Contracts that are not subject include Section 8 housing agreements and federally insured lending agreements.
To view “Frequently Asked Questions: Federal Contractors and E-Verify” posted on the U.S. Citizenship and Immigration (USCIS) Web site, click here.
For more information, e-mail David Crump at NAHB, or call him at 800-368-5242 x8491.