FEDERAL CONTRACTORS REQUIRED TO USE E-VERIFY: EFFECTIVE DATE
NOW MAY 21, 2009
Beginning May 21, 2009 certain federal contractors with contracts totaling $100,000 or more and certain sub-contractors will be required to use E-Verify to determine the work eligibility of employees assigned to work on the contract and all employees hired while the contract is in effect. The rule was previously set to take effect on January 15, 2009.
E-Verify is a voluntary and free Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration. The system enables employers to verify that an employee is authorized to work in the United States.
The federal rule states that contracts awarded after May 21, 2009, and certain existing contracts, will include a clause requiring employers to enroll in E-Verify within 30 days and initiate verification within 90 days. Current E-Verify users affected by the rule will be required to update their company profile, which will allow them to confirm the work eligibility of current employees, a prohibited practice for other employers.
This rule follows a trend among many states, including Minnesota, which requires state contractors to use E-Verify.
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This alert is a copyrighted publication produced by Oppenheimer Wolff & Donnelly LLP. The information contained in this alert is of a general nature and is subject to change. Readers should not act without further inquiry and/or consultation with legal counsel.