E-Verify System Becomes Mandatory For Federal Contractors

The much-anticipated Final Rule ("the Rule") amending the Federal Acquisition Regulation ("FAR") provision to require federal contractors to use the E-Verify System was published in the Federal Register on November 13, 2008. The E-Verify System is a free internet-based program operated by the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Service ("CIS") to allow employers to verify the employment eligibility of new hires. All federal contracts awarded and solicitations issued after January 15, 2009 will include a clause mandating use of E-Verify for all employees hired during the contract period, and those employees who will perform work under the contract, with a surprising exception for employees who perform support work on the contract, such as indirect or overhead functions. Institutions of higher education, state and local governments, and governments of federally recognized Native American tribes need only verify employees assigned to a