E-verify is a voluntary program that allows employers to verify the employment eligibility data provided by their employees. Although this process does not take the place of the employer’s responsibility to complete Form I-9, Employment Eligibility Verification, it provides the employer with an additional layer of protection against employees attempting to circumvent the system by providing false information.

For most employers, participation in E-Verify is a personal choice. For others, either the state or the federal government has mandated participation in exchange for the right to operate a business within a particular jurisdiction or the right to compete or obtain contracts for services provided to government agencies. For federal contractors, the latter applies. To maintain your ability to receive a contract awarded after September 8, 2009, federal contractors must participate in E-Verify.

Employers awarded federal contracts after September 8, 2009, which containt the E-Verify clause. 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.

That depends. Although the Federal Acquisition Rule (FAR) change requiring federal contractors to participate in E-Verify becomes effective on September 8, 2009, that may not be the date you are required to implement E-Verify. The date is dependent upon the date your contract is awarded.

Any employer can sign-up with E-Verify at any time and begin processing new hires from that date forward. As a matter of fact, the contract with E-Verify requires an employer to E-verify all new hires made after participation begins. Federal contractors are the only group currently authorized to use E-Verify on employees hired before E-Verify participation began. However, there are limitations. Before any employee hired prior to E-Verify participation can be submitted to the E-Verify system, the employer must have been awarded a federal contract that includes the E-Verify requirement. Once this occurs, an employer may choose to E-Verify all employees hired prior to participation or only those employees hired prior to participation who will be assigned to work under the federal contract. Enrollment in E-Verify must occur within 30 days of the contract date.