For some time now, I’ve discussed a new federal contractor E-Verify rule that will require certain federal contractors and subcontractors to enroll in and use the E-Verify system. (You can view my prior posts here.)
The E-Verify system has been established to require these employers to check if employees have authorization to work in the United States. The starting date for such a system has been delayed on several occasions, including a lawsuit.
A federal court yesterday threw out the last remaining major obstacle to the rule’s implementation — a lawsuit by the U.S. Chamber of Commerce. (You can read the Court’s decision in Chamber of Commerce of the United States v. Napolitano here.)
Thus, the E-Verify Rule start date is now set for September 8, 2009.
In light of this ruling, organizations that enter into certain federal contracts beginning on September 8, 2009 will be subject to the E-Verify requirement to ensure that their employees have authorization to work in the United States. Affected federal contracts include prime contracts greater than $100,000 and subcontracts greater than $3,000 for services or construction. The contract will contain a clause confirming the E-Verify requirement. For existing, indefinite-delivery/indefinite quantity contracts, the federal contracting officer is to prepare an amended contract to include an E-Verify clause. Exceptions to the E-Verify requirement are federal prime contracts with performance terms of less than 120 days and contracts for commercially available off-the-shelf (COTS) items.