E-Verify Closing In: Do You or Don’t You?

First, you should be aware that there is a current law suit seeking to invalidate the regulation. If the law suit is unsuccessful, clients who have federal contracts have to register new qualifying contracts after the effective date of September 8, 2009, or for certain substantial indefinite delivery/indefinite quantity contracts extending at least six months beyond the effective date (so if you already have a contract that extends beyond the effective date you would have to comply). You would then have an additional 30 days to enroll in E-Verify, and must commence verification of newly hired employees and current employees assigned to work on that contract 90 days later. If an employer chooses to E-Verify their entire workforce, rather than only employees assigned to the contract, the employer would have an additional 90 days.

Second, employers in general may also be required to use the E-Verify but Congress has not made that determination. Word has it that if they do decide to make it mandatory for all employers, it appears that it will be a process that will be phased in over a four year period (beginning with federal contractors and employers with more than 250 employees). We will have to wait and see.