PrintPrintThe rule applies to contracts for work that will be performed in the United States, have a value of $100,000 or more and will take 120 days or more to complete. Subcontractors on an applicable federal contract also fall under the rules if their work is valued at $3,000 or more. Ongoing contracts could be modified to include the E-Verify requirement.
Staff Report
Published Sept. 8, 2009
Starting today federal contracts will include a requirement that certain prime contractors and subcontractors use the online E-Verify system to check employees’ authorization to work in the United States.
The rule applies to contracts for work that will be performed in the United States, have a value of $100,000 or more and will take 120 days or more to complete. Subcontractors on an applicable federal contract also fall under the rules if their work is valued at $3,000 or more.
E-Verify is a free Web-based system operated by the U.S. Department of Homeland Security and the Social Security Administration that allows employers to confirm documentation that employees submit as required by the federal I-9 form.
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Contractors must check the eligibility of all employees hired during a contract term, whether they work on the contract or not, and current employees who work under the federal contract in the United States.
The U.S. Chamber of Commerce is seeking an emergency order from the U.S. Court of Appeals for the Fourth Circuit to delay implementation but it appears unlikely to be granted. Ongoing contracts with a federal agency may be amended to include the verification requirement. Find more details on the rule changes here.
Applicable contracts awarded using funds from the American Recovery and Reinvestment Act fall under the new requirement. Contracts for products that are available commercially “off-the-shelf” are exempt from the rule.
South Carolina laws requiring new employment verification procedures for employers of 100 or more took effect on July 1. Under state law, businesses have the option of using E-Verify or checking certain other documents, including drivers’ licenses. The law mandates the same for smaller businesses starting July 1, 2010.
Read more about the implementation and enforcement of S.C. immigration laws in the Sept. 14 print edition of the Charleston Regional Business Journal.
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