E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.  

E-Verify is a free Internet-based system that allows employers to confirm the legal working status of new hires in seconds. With one click, E-Verify can match your new hire's Social Security Number and other Form I-9 information.

E-Verify reduces unauthorized employment, minimizes verification-related discrimination, is quick and non-burdensome to employers, and protects civil liberties and employee privacy.  Initial verification returns results within 3 to 5 seconds.

E-Verify Proposed for Federal Contractors

The Executive Order (Amending Executive Order 12989) dated June 9th, 2008, instructs federal agencies to require contractor participation in E-Verify, and the proposed rule provides detailed guidance on how that requirement is to be implemented.  However, the proposed rule is not a final rule; it is a proposal that is open for public comment at this time.

However, the proposed rule is not a final rule; it is a proposal that is open for public comment at this time.  There may be substantive changes to the rule before it becomes final.  Moreover, the final rule will not be effective until 30 days after publication. 

Under the proposed rule, contractors would only be required to enroll in E-Verify if and when they enter into a Federal contract or subcontract that requires participation in E-Verify as a term of the contract.

IMPORTANT: E-Verify should not be implemented without establishing a good foundation - a reliable and effective I-9 / Employer Compliance Program.  E-Verify is essentially an extension of the compliance process, only under E-verify, employers sign up to additional terms of a Memorandum of Understanding and U.S. Government closely monitors compliance and shares that information with ICE for enforcement purposes.

The attorneys of Glinsmann & Glinsmann Chartered can assist you in registering for E-Verify and compliance with the E-Verify requirement of your company’s Federal Government contracts.