U.S. Immigration Explained Blog

Starting on January 15, 2009, the majority of all federal contractors must begin using the “E-Verify” program to process new hires, as well as its current workers. This new ruling applies to any company working on a federal contract that has been awarded, renewed, extended or starts on this date.

Employers applicable to these conditions must register with E-Verify within 30 days of a contract assignment. Then, they have only 90 days thereafter to meet E-Verify requirements for newly hired employees.

There are some exceptions, however. They apply to federal contracts that:

·        Cost less than $100,000.

·        Use only COTS (commercially off-the-shelf) materials or such materials that are slightly modified.

·        Are fulfilled within 120 days.

·        Are executed totally beyond U.S. borders.

These exceptions do not apply to companies that are subsidiaries or the parent of the federally contracted company. Furthermore, state and local governments, Indian tribes and universities are partially exempted.

Originally began in 1997 as the Basic Pilot/Employment Eligibility Verification Program  to prevent illegal immigrants from securing work in the U.S., E-Verify has served as a voluntary program to perform background checks on prospective employees. However, most employers still use the I-9 form, instead. This may be why the basic E-Verify program is scheduled to expire on March 6, 2009 due to certain inaccuracies and lasting consequences of the results. Yet, with the mandatory requirements for federal contractors, the number of employers using E-Verify is expected to be 250,000.

After a phase-in period of 90-days, federal contractors must comply with the following:

·        Continue to use the I-9 form for all employees.

·        Use the E-Verify website to enter employee’s name, SSN and immigration status within three days of hire.

·        Once SSA (Social Security Administration) and CIS (Citizenship and Immigration Services) confirm the information, no other actions are required.

·        If SSA and/or CIS do not confirm, he will receive a Tentative Nonconfirmation notice.

·        If the employee contests the notice, both the employee and employer are required to sign the notice.

·        Resolution of any discrepancies must take place within eight business days.

·        If discrepancies are not resolved, the employee must be terminated or the employer will be fined.

Regarding current employees of federal contractors, if someone was hired after November 6, 1986 and their work is covered by the contract, they are required to register with E-Verify. However, if an employer chooses to register every employee of the company with E-Verify, no matter their involvement with the contract, they must also update the company profile with E-Verify within 180 days.

Because the E-Verify program poses many potential pitfalls and problems for employers and employees, both are strongly advised to consult with an immigration attorney who has extensive experience with and up-to-date knowledge of E-Verify and other immigration issues.

Tags: alien, Citizenship, E-Verify, foreigner, Green Card, I-9, Immigration, immigration attorney, immigration lawyer, US Citizenship, Visa