The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors’ current employees who perform contract services for the federal government within the United States.

Federal contracts awarded and solicitations issued after May 21, 2009 will include a clause committing government contractors to use E-Verify. The same clause will also be required in subcontracts over $3,000 for services or construction. Contracts exempt from this rule include those that are for less than $100,000 and those that are for commercially available off-the-shelf items. Companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States.

Employers who do use E-Verify are required to place t E-Verify informational posters in the work site where employees can see them. These posters provide employees with a concise statement of their rights and contact information for submitting complaints regarding misuse and abuse of the program. Business Know-How has several notices where applicants and employees can see them. E-Verfiy posters are available by download from the USCIS.gov site or can be purchased from various sources. Business Know-How sells a 4-in-one, laminated E-Verify poster that includes the E-Verify participation notification, the required Right to Work notice, the Employee Polygraph act and the Equal Opportunity is the Law poster. We also have laminated E-Verify Notifcation and Right to Work and other workplace policy posters available individually.

Find out more about the new E-Verify rule here.