Executive Order Mandates Federal Contractors to Use E-Verify

The debate surrounding E-Verify is in full force.  In the meantime, the federal government and many states are busy implementing regulations requiring employers to become E-Verify compliant and start using the E-Verify system for all of their new hires.

The latest regulation is an Executive Order 12989 as Amended, dated as of  June 6, 2008, which requires all federal agencies and departments to require from all federal contractors who are also employers to become E-Verify participants and ensure that all new hires are subject to E-Verify checks.

Section 5(a) reads: “Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.”

Based on this Executive Order and other federal and state regulations, it is clear that E-Verify is here to stay.  While the debate on its  effectiveness and burdens on employers will continue, there are a number of “carrots” which make E-Verify participation extremely hard to reject.  In addition to the ability to obtain federal contracts, many employers must become E-Verify employers in order to be able to hire or extend F-1 visa OPT documents for highly qualified foreign graduates.

The good news is that we at the Capitol Immigration Law Group can help you with your E-Verify compliance.  We are E-Verify Designated Agent and we allow you to outsource your E-Verify compliance work to us.   As a law firm, we not only provide E-Verify processing but we can also advise your company on developments in the law which can affect your company and employees.  Please contact us for more information on how your company can become E-Verify compliant in few easy steps.