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Legal Updates & Alerts

Federal Contractors Are Required to Use E-Verify for Many Federal Contracts Awarded On or After September 8, 2009

September 25, 2009
Companies who receive federal contracts on or after September 8, 2009, must use the government E-Verify system to confirm their employees' eligibility to work in the United States if the federal contract includes the Federal Acquisition Regulation E-Verify Clause. Companies must enroll in the E-Verify system within 30 days of the federal contract award date. Any contractors that receive American Recovery and Reinvestment Act funds must also use E-Verify. Companies must use E-Verify to confirm the eligibility of existing employees working directly on federal contracts and the eligibility of all new hires, regardless of whether they work on such contracts. Companies who do not enter into federal contracts may choose to use E-Verify but are not required to do so.

E-Verify is a free, web-based system operated by the Department of Homeland Security and the Social Security Administration. E-Verify confirms the employee's identity and eligibility to work in the United States by comparing the employee's Form I-9 information to the information already contained in federal government databases.

More information on the E-Verify program is available at www.dhs.gov/e-verify . If you have any questions or concerns about the obligation to use E-Verify, please contact one of our employment or immigration lawyers.