E-Verify or face consequences: checking out eligibility of employees fast and easy.

• Author: Saade, Renea I.
• Position: BUILDING ALASKA: SPECIAL SECTION

Federal contractors, are you E-Verifying?

Well, you better be. A federal court recently confirmed that all federal contractors and subcontractors that are party to solicitations issued or contracts awarded after Sept. 8, 2009, must enroll and participate in the E-Verify program.

Federal contractors and subcontractors that do not fulfill their E-Verify obligations may face agency audits and could possibly lose their eligibility for federal projects.

What is E-Verify? E-Verify is an Internet-based system operated by the U.S. Department of Homeland Security and Citizen & Immigrations Services that allows employers to verify employment eligibility of newly hired and current employees. The system does not verify an employee's citizenship, but rather eligibility to be lawfully employed in the United States. The system checks the information provided by the employee on his or her I-9 form. The program is designed to assist employers with their obligations to make sure their employees are eligible for employment and are not giving false identification numbers. Once the employer types in the information it has concerning the employee, the system responds and advises the employer whether or not the employee's eligibility has been verified.

GREAT GROWTH

Initially, E-Verify was primarily used by companies in the hospitality industry. However, in June 2008, President George W. Bush issued Executive Order 13465 requiring all federal contractors and subcontractors to enroll in and use the program. A number of entities (including the U.S. Chamber of Commerce) filed a lawsuit to challenge the mandatory requirement. While the lawsuit helped stay immediate enforcement, it was not successful in defeating the imposed rule. An Aug. 25, 2009, opinion issued in the case by a federal court in Maryland, Chamber of Commerce of the U.S., et al. v. Napolitano, et. al., upheld the legality of the Executive Order and confirmed that all federal contractors and subcontractors may be required to participate in the program. While the court's decision is being appealed, it currently remains the law of the land. Accordingly, federal contractors and subcontractors must enroll and participate in the program to avoid penalty. And, all federal contracts and subcontracts entered into on or after Sept. 8, 2009, must have a provision confirming the parties will participate in the E-Verify program.

CHECKING NEW HIRES

E-Verify is generally for new hires unless the federal contractor or...