USCIS delayed implementation of FAR E-Verify regulation

After much speculation, it is now final that Federal contractors and subcontractors will be required to begin using the USCIS’ E-Verify system starting February 20, 2009, to verify their employees’ eligibility to legally work in the United States.                                                                                                                     

Few Important points to note

There are certain types of Prime Contracts exempt from this rule

1. Contracts that include only commercially available off-the-shelf (COTS** ) items (or minor modifications to a COTS item) and related services; 
2. Contracts of less than the simplified acquisition threshold ($100,000); 
3. Contracts less than 120 days; and 
4. Contracts where all work is performed outside the United States.

Re-Verification

As a rule (also sounds logical), Employees whom you have already verified through E-Verify should not be re-verified. However, an employee’s previous employment authorization through E-Verify from another employer does not satisfy your obligation to use E-Verify once you have hired them.

Who should actually E-Verify?

Under the rule, only those employers that win a contract or subcontract that includes the E-Verify clause may run existing employees through E-Verify. A federal contractor must Verify their new hires and the employees who are assigned to the contract, and may elect to also verify their entire workforce. Also note, that this rule does not exempt employees based on the intermittent nature of the work or the length of time spent performing the work.

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**A COTS item is a commercial item that is sold in substantial quantities in the commercial marketplace and is offered to the government in the same form that it is available in the commercial marketplace, or with minor modifications.

                                                                                                                                          

Please click here to see E-Verify FAQ available on internet at http://www.uscis.gov/