An Executive Order issued by President Bush requires federal government contractors to use E-Verify to confirm the employment eligibility of all new hires and current employees who work on future federal contracts. 

E-Verify is a web-based system operated by the Department of Homeland Security (DHS) and Social Security Administration (SSA) that enables employers to electronically verify work authorization.

The order (Amended Executive Order 12989) was announced yesterday at a press conference by DHS Secretary Michael Chertoff.  It states that ”adherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement.”

Chertoff confirmed that government contractors must use E-Verify to comply with the order, saying:  “E-Verify is a proven tool that helps employers immediately verify the legal working status for all new hires.”  Neither the rule nor Chertoff gave any indication as to whether subcontractors will be required to use E-Verify.

The order will become effective once implementing regulations are published.  A proposed rule is expected in the next few weeks.  Click here to see the full text of the order.

What Should Employers Do?

While the order is not yet effective, employers should prepare by (1) ensuring that all existing I-9s are accurate and complete, (2) reviewing all existing federal contracts to determine which employees and locations are likely to be affected and (3) visiting the Blawg at least a couple of times every day to stay up-to-speed on any new developments.

This entry was posted on Tuesday, June 10th, 2008 at 7:29 am and is filed under E-Verify, Employment Law News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.