E-Verify: Extension through 2012 Likely
October 19th, 2009 § 1 Comment
It appears that the E-Verify program is here to stay – at least until 2012. Last Thursday, the House of Representatives passed the $44.1 billion Department of Homeland Security budget for fiscal year 2010 (HR 2892). Funding for E-Verify was set to run out at the end of this month, but the 307-114 vote extends funding for E-Verify through September 2012. The budget is expected to pass the Senate this week and will then be passed on to the President for signature.
If you have questions about E-Verify, the I-9 Form or your company’s compliance responsibilities, contact us.
E-Verify for Federal Contractors – Supplemental Guidance and Enrollment Questions
September 30th, 2009 § Leave a Comment
In case you haven’t seen it yet, the USCIS released supplemental E-Verify guidance specifically for Federal Contractors. This 22-page document can be found here.
Also, we have received inquiries from companies who don’t want to wait to enroll in E-Verify until they receive their new or amended contract. Please be advised that while any company is allowed to enroll in E-Verify at any time, companies cannot enroll in E-Verify as a Federal Contractor until they receive a new contract that contains the E-Verify clause or an existing contract is amended to include this clause. This is an important distinction to make, since the requirements and allowances for Federal Contractors and voluntarily-enrolled E-Verify users are different. Employers who voluntarily enroll in E-Verify before they receive a federal contract must amend their status within E-Verify after the contract with the E-Verify clause has been awarded. If you have questions, please contact us.
And Away We Go!
September 8th, 2009 § Leave a Comment
Starting today the government will begin including a clause in all qualifying federal contracts requiring the use of E-Verify. They may also begin to amend existing contracts, if the contracts meet the qualifying criteria. As mentioned in our September 3rd bLAWg post, a motion for emergency injunction was filed in the hopes that the start date would be postponed again, but this motion was denied. Please visit this article from today’s Wall Street Journal for additional coverage.
The Date Approaches!
September 3rd, 2009 § Leave a Comment
What is happening on September 8, 2009?
On September 8, 2009 the government will begin including a clause in all qualifying federal contracts requiring the use of E-Verify. They may also begin to amend existing contracts, if the contracts meet the qualifying criteria. Once an employer has a contract containing the E-Verify clause, they will be required verify the employment authorization of all new employees, and all existing employees who are assigned to work on the relevant federal contract.
What is E-Verify?
E-Verify is an online system intended to allow employers to verify the employment authorization of newly hired employees. Employers enter the information from the employee’s I-9 form into the E-Verify program. The program electronically compares this information with information contained in databases maintained by the Department of Homeland Security (DHS) and Social Security Administration (SSA).
Will my company have to start using E-Verify on September 8, 2009?
It depends. Only employers who have a government contract with an E-Verify requirement clause are required to use E-Verify. If your contract is amended, or if you are awarded a contract on or after September 8, 2009, then you will need to enroll in, and use the system.
Does/will my federal contract qualify?
An employer has a qualifying federal contract if:
- The contract is governed by the Federal Acquisition Regulation (FAR);
- The period of performance is longer than 120 days;
- The contract has a simplified acquisition threshold of over $100,000 or is a subcontract for services or for construction with a value over $3,000; and
- The work is being performed in the U.S.
Please note that the new rule has several exemptions, including contracts that include only commercially available off-the-shelf items and related services.
It looks like my company will have to enroll. What do I do next?
Affected contractors will be required to enroll in E-Verify within 30 days of the contract award/modification date.
- New Hires: Within 90 days of enrollment, the contractor must begin to use E-Verify to initiate verification of employment eligibility of new hires who are working in the United States, whether or not assigned to the contract. Once the employer begins to verify new hires, such verification of new hires must be initiated within 3 business days after the date of hire. E-Verify does not currently allow employers to enter a future start date. Therefore, the employee must be run through the system on or after the first day of hire and before the end of the third day. This timeline is not flexible.
- Current Employees Assigned to the Contract: Once enrolled in E-Verify as a federal contractor, the Employer must initiate verification of existing employees assigned to the contract within 90 calendar days after the date of enrollment OR within 30 days of an employee’s assignment to the contract, whichever date is later.
Employers can choose which business sites to enroll in E-Verify, however, once a site has signed the Memorandum of Understanding all new hires at that site must be E-Verified.
Please note that employers who enroll in E-Verify are still required to complete the I-9 form for all newly hired employees. In other words, enrolling in E-Verify does not exempt employers from the responsibility to complete, retain, and make available for inspection I-9 forms, as currently required by law.
I am not a Federal Contractor or Subcontractor – should I sign up anyway?
Any employer can voluntarily enroll in E-Verify. Some companies have been required to sign up as a consequence of breaking immigration laws, or because state law requires it. However, for most employers, enrollment is voluntary. Please note that enrolling in E-verify does not protect a company from worksite enforcement actions. The E-Verify system is monitored closely by the federal government. As outlined in the E-Verify Memorandum of Understanding, employers are liable for inappropriate use of the system. In addition, by agreeing to use E-Verify, employers invite closer scrutiny of their workforce and hiring procedures. As a result, it is crucial for employers to have their I-9 forms and hiring procedures in order prior to enrolling in E-Verify. It is advisable to have an internal audit conducted by an outside source to verify that hiring procedures and form completion are compliant with the law.
The E-Verify requirement for federal contractors has been postponed four times in the past; will it be pushed back again?
Maybe. As of today, it appears that the September 8, 2009 start date will stick. However, an emergency motion for an injunction to prevent the rule from going into effect has been filed. If the motion is granted and the date changes (again!), we will be sure to let you know.
Additional Resources:
- For questions regarding E-Verify, internal Form I-9 audits or other immigration related matters, please contact GoffWilson.
- US Citizenship and Immigration Services (USCIS) maintains web page entitled Frequently Asked Questions: Federal Contractors and E-Verify.
- For more information, visit the E-Verify Memorandum of Understanding.
- Click here for the rule which includes the time periods in which employers have to verify their employees’ work authorization.
The Date Sticks: E-Verify Requirement for Federal Contractors to Begin on September 8, 2009
August 28th, 2009 § Leave a Comment
The recent decision by the U.S. District Court means that the federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors and subcontractors will go into effect on September 8, 2009. This date had been pushed back four times as a result of the change in administration and ongoing litigation. The federal government will include a clause with the E-Verify requirement in all federal contracts issued after September 8, 2009 and may modify existing qualified contracts.
For more information about E-Verify requirements please read our January 8, 2009 bLAWg post on the topic. Information can also be found on the U.S. Citizenship and Immigration Services (USCIS) website.
Employers should make sure they are fully compliant with Form I-9 rules and procedures before enrolling in E-Verify. To learn more about the auditing and training services offered by GoffWilson, or for more information on the new regulation, please visit GoffWilson.com or call (603) 228-1277.
No-Match Rule Is No More
July 8th, 2009 § Leave a Comment
In a press release dated July 8th 2009, Department of Homeland Security Secretary Janet Napolitano announced the Administration’s intent to rescind the Social Security No-Match rule. The rule was proposed in 2007, and is currently the subject of litigation. It was intended to give employers a standard set of instructions to follow if they received a letter from Social Security reporting that the names and Social Security numbers of employees did not match.
Instead of the No-Match rule the Administration intends to go forward with its plan to require Federal Contractors to use the E-Verify system. So far this requirement has been pushed back four times. As it stands, on September 8th 2009, language will be added to new and existing qualifying contracts requiring the contractor (and some subcontractors) to use E-Verify. Though E-Verify is set to expire on September 30, 2009, we expect it will be extended; several bills are pending in Congress that would extend the program.
Employers are facing increased scrutiny and changing rules. Full compliance must be the goal. If you have questions about E-Verify, Form I-9 audits and training, or your responsibilities as an employer, please contact us.
New E-Verify Rule DELAYED… Again
June 4th, 2009 § Leave a Comment
The federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors has been postponed… again. No, this alert has not inadvertently popped into your inbox a fourth time. The regulation was originally scheduled to take effect on January 15, 2009, but the effective date has been pushed back four times. The effective date is currently September 8, 2009. We will be sure to notify you if additional changes to the effective date are made.
The delays have occurred for a variety of reasons, including the change in administration and ongoing litigation. Yesterday, the litigants agreed to the extension of the applicability date and requested a stay in the proceedings to allow the Obama administration additional time to review the rule and the effects the rule will have.
The delay in implementation of this rule provides a valuable opportunity for employers to make sure they are fully compliant with I-9 rules and procedures before enrolling in E-Verify. Given the multiple delays and the ongoing litigation, it is not certain when or if the rule will become effective. Additional announcements regarding this rule will be announced through our blog.
New Monitoring & Compliance Branch Added to the USCIS to Monitor E-Verify Use
June 2nd, 2009 § Leave a Comment
E-Verify is a voluntary system that allows employers to verify the employment authorization of newly hired employees. Enrolling in E-Verify does not replace the I-9 form, but rather adds additional responsibilities for employers enrolled in the program. As outlined in the E-Verify Memorandum of Understanding, employers are liable for inappropriate use of the system.
In order to ensure that the E-Verify operational requirements mandated by Congress are being met, the Monitoring and Compliance (M&C) Branch of the Verification Division has been created. The proposed rule increases the Department of Homeland Security’s ability to monitor private employers through the E-Verify system and share information necessary for investigations. As stated in the notice, the M&C Branch may identify potential non-compliant behaviors from media reports, affected individuals, or tips from law enforcement agencies.
Some of the non-compliant behaviors to be monitored include:
1. Fraudulent use of alien number and social security number by E-Verify users;
2. Verification of existing employees (as opposed to new hires);
3. Verification of job applicants, rather than new employees;
4. Selectively using E-Verify for verifications based on foreign appearance, race/ethnicity, or citizenship status;
5. Failure to use E-Verify, consistently or at all, once registered; and
6. Unauthorized use of E-Verify information.
The creation of the new M&C Branch highlights, yet again, the need for employers who enroll in E-Verify to dedicate sufficient resources to ensure that the program is used correctly. The Department of Homeland Security’s Privacy Impact Assessment for the Compliance Tracking and Management System can be accessed here for additional information.
The new system will be effective June 22, 2009.
ICE ahead…
April 23rd, 2009 § 1 Comment
Yesterday a Senate Confirmation Hearing was held for John Morton, the former federal prosecutor tapped by President Obama to head Immigration and Customs Enforcement (ICE). His testimony further confirmed the current shift in ICE policy. Morton said the administration plans to eventually make E-Verify mandatory for all employers. The agency also plans to focus its efforts on targeting employers of undocumented workers with Morton stating, “We need to place renewed focus on employers to ensure that they are playing by the rules.” Morton also declared the agency’s intent to pursue hefty civil fines for employers who violate immigration laws. It is expected that Mr. Morton will be confirmed by the Senate next week. For further reports of his confirmation hearing, please view the linked articles from the Associated Press and Houston Chronicle.
Dear Federal Contractors: New E-Verify Rule DELAYED
April 16th, 2009 § 1 Comment
The federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors has been postponed… again. No, this alert has not inadvertently popped into your inbox a third time. The regulation was originally scheduled to take effect on January 15, 2009, but the effective date has been pushed back three times. The effective date is currently June 30, 2009. We will be sure to notify you if additional changes to the effective date are made.
Although this rule has not been published yet, the American Immigration Lawyer’s Association (AILA) received an advanced copy of the rule, which has allowed us to alert bLAWg readers early. Notification of this change is scheduled to appear in the Federal Register on April 17, 2009.
The delay in implementation of this rule provides a valuable opportunity for employers to make sure they are fully compliant with I-9 rules and procedures before enrolling in E-Verify.
