An amendment to Executive Order 12989 was signed by President Bush on June 6th 2008 requiring that all future federal contracts include a provision obligating government contractors and sub-contractors to use the United States Citizenship and Immigration Service (USCIS) E-Verify Program to verify employment eligibility to work in the United States.
Currently, E-verify is a voluntary government web based system for verifying new employee’s eligibility to work in the United states. Under the proposed rule, government contractors would be required to not only verify new employees but also current employees who are directly engaged in the performance of work in the United States under that contract. Initially, employers will have 30 days in which to verify employees assigned to the contract; thereafter, all newly hired and newly assigned employees must be verified within 3 days.
Participation in E-Verify does not exempt the employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws.
The proposed amendment will be in a commentary period for 60 days and may take effect as early as October of this year.