Starting January 15, 2009, certain federal contractors and subcontractors will be required to begin using the E-Verify system administered by the U.S. Citizenship and Immigration Services (USCIS) to verify the eligibility of their employees to legally work in the United States. The final rule implementing the requirement was published on November 15 in the Federal Register.

Federal contracts and solicitations issued on or after January 15, 2009 will include a clause requiring federal contractors to use E-Verify. Prime contractors must include a clause requiring subcontractors to use E-Verify for any subcontract with a value over $3,000 for services or construction. The following will be exempt from the E-Verify requirement: prime contracts for less than $100,000; contracts for commercially available off-the-shelf (COTS) items (which include nearly all food and agricultural products); and contracts less than 120 days in duration.