E-VERIFY SYSTEM NOW IN EFFECT

Federal contractors are required to use Department of Homeland Security website to verify employment eligibility of all new hires

On September 8, 2009, the Department of Homeland Security (DHS) will began implementing a rule requiring federal contractors to validate the employment eligibility of employees through the E-Verify system.  The rule applies to all contractors and subcontractors on federal contracts over $100,000 in total value and applies to new hires as well as current employees hired in accordance with pre-existing rules and standards who are working on federal contracts. 

The E-Verify program is an Internet-based system, run through the DHS's U.S. Citizenship and Immigration Service, that compares employer provided information with the records in the Social Security Administration (SSA) database. 

The DHS also issued a new regulation rescinding the "safe harbor" portion of the Executive Order 12989.  The "safe harbor" language was intended to provide employers who received a "no-match" letter from the SSA, meaning information submitted through E-Verify did not match existing records, a process to follow in order to avoid a finding that they have constructive knowledge of a worker's illegal status yet have failed to act properly.  In lieu of a similar process being announced, Contractors that receive a "no-match" letter should follow the letter instructions and contact their attorney.