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Final rule is issued for E-Verify program

On Nov. 14, the Bush administration issued a final rule mandating use of the E-Verify program for federal contractors and subcontractors to confirm the legal status of employees. The rule's effective date is Jan. 15, 2009.

The rule requires certain federal contractors to use E-Verify to confirm the employment status of all people hired by the contractor during the contract term to perform employment duties within the U.S. and all people assigned by the contractor to perform work within the U.S. on a federal contract. The rule also mandates the use of E-Verify for prime federal contracts above the simplified acquisition threshold ($100,000) and subcontracts more than $3,000 for services and construction.

Although it is possible that this rule may be reviewed by the incoming Obama administration and/or Congress, the chances of this rule being rescinded are unlikely because of Congress' broad support for the existing E-Verify program.

To view the complete 274-page rule, much of which is response to public comments, click here. To view a more detailed summary of the final rule, click here.

11/18/2008