E-Verify Rule For Federal Contractors Becomes Effective Today

We are reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause. 

In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

The E-Verify federal contractor rule extends use of the E-Verify system to cover federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.  Applicable federal contracts awarded and solicitations issued on or after today will include a clause committing government contractors to use E-Verify. 

Companies awarded a contract with the E-Verify clause on or after today will be required to enroll in E-Verify within 30 days of the contract award date.  With certain exceptions, E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States. 

More than 148,000 participating employers at nearly 560,000 worksites nationwide currently use E-Verify to electronically verify their workers’ employment eligibility.  Since Oct. 1, 2008, more than 7.8 million employment verification queries have been run through the system and approximately 96.9 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.

For more information on the program, you can call my office at 616-233-9300 and we will be happy to answer all your I-9 questions. 


Applicability Date for E-Verify Federal Contractor Rule Extended

This just in … The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been pushed back by six weeks to June 30, 2009.

If you have any questions regarding I-9 compliance or any other immigration issue, give me a call at 616-233-9300 or email me at


Reminder to All Employers to Use the New I-9 Forms

U.S. Citizenship and Immigration Services (USCIS) issued a reminder that the revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), went into effect April 3, 2009 for all U.S. employers. The revision date is printed on the lower right-hand corner of the form.

The interim final rule, published Dec.17, 2008 in the Federal Register, revised the list of documents acceptable for the Employment Eligibility Verification (Form I-9) process.  Employers may no longer use previous versions of the Form I-9.

It is the USCIS’ position that the revised list will improve the security and effectiveness of the Form I-9 process. The list specifies that expired documents are no longer acceptable forms of identification or employment authorization. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

USCIS also updated the Handbook for Employers – Instructions for Completing Form I-9 to reflect the requirements of the revised Form I-9.

If you have questions about I-9 compliance, you can take a look at a 
power point presentation (scroll down to “SlideShare Presentations” and click to start) on I-9 compliance that I presented to West Michigan employers in January 2009. Or, if you have any question about immigration law in general, please contact me at rfmirque@mirquelaw.com or by telephone at 616-233-9300.

Thanks for reading my blog.

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