PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.

On June 6, 2008, President George Bush amended Executive Order 12989 and directed all federal departments and agencies to require their contractors to use the E-Verify electronic employment eligibility verification system as designated by the Department of Homeland Security (DHS).

The amended executive order will become effective when a final rule is published in the Federal Register, which may occur as early as next month. The final rule was submitted to the Office of Management and Budget (OMB) for review and is reportedly on a fast track for clearance and publication. OMB is generally allowed 90 days to review a rule, and once the rule is cleared, it normally appears in the Federal Register within a one to two week period.

A copy of the final rule has not been made public yet. Many groups submitted comments to the proposed rule but it is unknown what changes have been made. Contractors subject to the proposed rule would be required to enroll in E-Verify within 30 days of receiving a federal contract and to participate fully in E-Verify for all new employees within 30 days of enrollment.

Though E-Verify was initially intended to check the employment eligibility of new hires only, the draft regulation requires E-Verify for any existing employees assigned to work on the federal contract within 30 days of the effective date of the contract. This requirement was the target of many adverse comments during rule-making, both on the grounds that the government lacks authority to impose E-Verify on existing employees and that the burden placed on employers would be high and may increase government contracting costs. Until the final rule is available, we do not know whether this requirement will survive.

For more information about the E-Verify program, visit the Federal Contractors E-Verify Frequently Asked Questions website.

Verifications, Inc. Employment Eligibility Solutions
It’s difficult to follow the rapidly developing state and federal regulations mandating use of the E-Verify program. That’s why we recommend using E-Verify for all your new hires, regardless of their location. Instituting a consistent E-Verify program across all locations keeps you ahead of rapidly changing E-Verify regulations.

Verifications has a solution to help you maintain compliance across your organization. Our Legal Right to Work check (E-Verify) can be easily incorporated into your onboarding process company wide, creating a consistent, compliant process. Our check uses the E-Verify program to electronically query DHS and SSA databases and verify new employees’ U.S. work eligibility. Enhanced capabilities include email management alerts and reports that help track and monitor tentative non-confirmations.

Verifications also offers an electronic solution for I-9 forms processing that facilitates one-click submission of the E-Verify check upon completion of the electronic form I-9. Advanced error detection ensures forms are completed correctly so you maintain compliance with federal regulations. In addition, the system allows employers to:

• Eliminate duplicate data entry
• Eliminate paper storage of I-9s
• Provide a single reporting interface
• Receive email management alerts to track and monitor expiring work authorization documents

Call us toll-free at (866) 455-0779 or e-mail sales@verificationsinc.com to learn more.