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E-Verify
Effective Sept. 8, 2009, federal contractors and subcontractors are required to use the E-Verify system to verify their employees' eligibility to work in the United States. This requirement will apply to all contracts awarded after September 8, 2009 that include the Federal Acquisition Regulation (FAR) E-Verify Clause. At this time, the ruling does not apply to contracts awarded before this effective date.
We’ve had calls from a number of small business owners who have received urgent letters from various associations seeming to indicate that they are at imminent risk of violating this regulation. While it is very important that you educate yourself about all of your regulatory obligations, there is no need to panic.
What You Need to Know
Prime Contractors who have accepted federal contracts after September 8, 2009 that 1) include the FAR E-Verify clause, 2) extend over 120 days and 3) are valued at $100,000 or more, must:
- enroll in the E-Verify program within 30 days from the date of contract award,
- begin verifying all new hires within 90 days of enrolling in E-Verify, and
- initiate verification of all existing workers assigned to a new federal contract within 30 days after the initial 90-day enrollment time frame.
Subcontractors accepting subcontracts for services or for construction with a value greater than $3,000 must follow the same guidelines if the Prime includes the FAR E-Verify clause.
I-9 Self Audit
Even if you do not yet have a contract which includes the FAR E-Verify clause, we recommend that you do a cautious self-audit of your I-9 process. Remember these 3 tips for review:
Completion
- Make sure all forms are filled out completely and correctly. Follow directions on the I-9 form exactly.
- If changes are made to the I-9 document, change them on the original form and initial and date the changes. Don't fill out a new form.
- Re-verify expiring temporary employment authorizations and do not allow the employee to work if their documentation has expired.
Retention
- Employers must keep each employee I-9 Form on file for at least three years, or for one year after employment ends, whichever is longer.
- Keep and make copies of the original documents supplied by your employees - not required, but advised. Keep only the minimum number of documents required.
Separation
- Store the I-9 forms and document photocopies separate from your employee files. This will help you to respond promptly to any notices from the Social Security Administration or investigations by USCIS.
Hat tip to our collegues at the Small Business Development Center Network at the University of Texas at San Antonio for these tips.
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