Asian Journal- The Filipino-American Community Newspaper

STARTING this coming Tuesday, September 8, those who are doing or want to do business with the federal government will be required to use a federal system that is intended to weed out employees without authorization to work in the country. After Labor Day weekend, those federal contractors and subcontractors will have to use E-Verify, which allow employers to check the validity of a new hire’s Social Security number and other Form I-9 information.

A few months ago, a Federal court upheld the E-Verify federal contractor rule and scheduled it to take effect September 8. Judge Alexander Williams, Jr., of the US District Court for the District of Maryland upheld the Department of Homeland Security’s (DHS) E-Verify federal contractor rule, which requires certain federal contractors and subcontractors to register for and use the federal government’s Internet-based electronic verification system called E-Verify.

Federal contracts awarded and solicitations with a period of performance longer than 120 days and a value above $100,000 must include a clause requiring federal contractors to use the E-Verify program. The same clause will also be required in subcontracts over $3,000 for services or construction that flow from those prime contracts. These contractors and subcontractors must confirm that all new hires and existing employees directly performing work under federal contracts are authorized to work in the United States.

"The decision to be a government contractor is voluntary and…no one has a right to be a government contractor," wrote Judge Williams. Though federal contractors are required to participate in the E-Verify system, because "potential government contractors have the option not to contract with the government," no person or entity is really required to participate in the system, confirmed Williams.

In the wake of the court’s ruling, the Society for Human Resource Management (SHRM), is reviewing its public policy options. According to an August 26 press release from SHRM, "absent an additional delay, the rule is scheduled to go into effect on September 8, 2009. This deadline means that most federal contracts awarded, as well as solicitations issued after September 8, 2009, must include a clause mandating use of EVerify for all employees hired during the contract period and all existing employees assigned to perform work under the contract."

Employers who contract with the feds after Sept 8 will have 30 days after the contract to enroll. These employers will have to use E-Verify to confirm existing hires, and all new hires, whether employed on a federal contract or not.

In the USCIS.gov website, the following question, which is now being frequently asked, is answered.

Federal law requires that all employers verify the identity and employment eligibility of all new employees (including US citizens) within three days of hire.

Employees are required to complete the Form I-9, and employees must provide employers with documentation establishing both identity and eligibility to work in the United States.

The Department of Homeland Security (DHS) and the Social Security Administration (SSA) have established an electronic system called E-Verify to assist employers further in verifying the employment eligibility of all newly-hired employees. In short, through E-Verify, employers send information about you from your Form I-9 to SSA and DHS to ensure that you are authorized to work in the United States and that your name, Social Security Number, date of birth, citizenship status, and any other non-citizen information you choose to provide your employer on the Form I-9 match government records. (AJPress)