As we reported in an earlier Immigration Insights, most federal contractors are subject to the new E-Verify regulation effective September 8, 2009. Federal agencies that issue new, extended or modified contracts of more than a defined de minimis amount or duration will include a clause requiring the federal contractor to verify all new hires plus at least those employees assigned to directly perform work under the contract. In some cases, an employer will want to invoke a “whole workforce” option which will relieve the employer from tracking who is assigned to federal contracts and which also will buy the employer more time (180 days) to verify existing staff.

Tight time frames apply to the E-Verify obligation, and noncompliant employers can lose federal contracting rights, so if you have not already done so please read our memo and put it on your agenda to quickly determine if your organization is subject to this new rule as either a contractor or subcontractor and if so implement a plan to comply with the rule.