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E-Verify program for federal contractors will take effect

NRCA wants to remind all members and the roofing industry that a new regulation administered by the U.S. Department of Homeland Security requiring federal contractors to use the E-Verify program will take effect Sept. 8. The rule originally was issued by the Bush administration in 2008, and the Obama administration announced in July that it would move forward with the rule's implementation. It originally was scheduled to take effect Jan. 15 but was delayed several times because of litigation challenging the rule.

On Aug. 26, Judge Alexander Williams Jr. of the District Court of Maryland Southern Division ruled against the organizations challenging the E-Verify rule on most points in the case of Chamber of Commerce v. Secretary Napolitano. Although the plaintiffs are evaluating further legal options, a challenge to this ruling does not appear likely. Therefore, the rule is expected to take effect Sept. 8.

Following is a summary of the rule's provisions. However, NRCA strongly recommends employers consult with legal counsel regarding internal steps that must be taken to ensure compliance.

• For contracts issued as of Sept. 8, contractors who have not yet enrolled or have been enrolled for less than 90 days in the voluntary E-Verify system and accept federal contracts extending over 120 days that are of $100,000 or more in value must: enroll in the E-Verify program within 30 days upon winning a federal bid; commence verifying all new workers within 90 days of enrolling in E-Verify, within three days of hiring; and initiate verification of all existing workers assigned to new federal contracts within 30 days, after the initial 90-day enrollment time frame.



• Contractors currently enrolled in E-Verify for less than 90 days must initiate verification of existing workers assigned to a federal contract within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract—whichever date is later.



• Contractors who have been enrolled in the E-Verify system for 90 days or longer must verify all new hires within three days of hiring and verify all existing workers assigned to a new federal contract within 30 days (after the initial 90-day enrollment allotment) of winning a federal contract.



• If a contractor wishes to re-verify its entire work force, the rule allows 180 days to do so.

At some point in the future, Congress may consider legislation to alter the terms of the new E-Verify mandate for federal contractors. However, the outlook for any potential congressional action is highly uncertain at best, and NRCA urges all contractors who accept affected federal contracts after Sept. 8 to take the necessary steps to comply with the new rule.

To view text of the final rule at the U.S. Customs and Immigration Services Web site, click here. To view more information, including answers to frequently asked questions regarding this rule, click here.

8/29/2009  

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