The US government announced, starting January 15, 2009, that many federal contractors and subcontractors will be required to begin using the government's formerly voluntary E-Verify system. The Global Migration practice at the Baker & McKenzie law firm published a paper explaining the new requirement, as well as the relevance of the E-Verify system to all US employers.
This requirement is an implementation of Executive Order 12989 amended by George W. Bush on June 6, 2008. The final rule, amending the Federal Acquisition Regulations, is published in the November 14, 2008 Federal Register. Additional guidance is provided by USCIS in FAQs for Federal Contractors.
What the Rule Requires
The new rule covers contracts awarded and solicitations issued after January 2009. The rule also includes existing contracts which will remain in effect 120 days after January 15, 2009. The rule also extends to subcontractors with contracts for services over $3,000.
Exemptions from the new rule include:
• contracts that include only commercially available off-the-shelf (COTS) items;
• contracts under the simplified acquisition threshold of $100,000;
• contracts of less than 120 days; and
• contracts where all the work is performed outside the United States.
Nearly all food and agricultural products fall within the definition of commercially available off-the-shelf (COTS) items. However, companies within these industries should not forget Immigration Custom and Enforcement's best practices for ensuring proper employment verification.
Major Implementation Change
An important change to note in the new rule is the requirement that all workers supporting a government contract be confirmed through E-Verify whether they are new hires or current employees assigned to a new or existing government contract. Employees that previously received approval from E-Verify upon their initial employment are not subject to re-verification.
See http://bakerxchange.com/
