Feds answer 5 tricky E-Verify questions
October 5, 2009 by Sam NarisiPosted in: HR Tech, Hiring, Immigration, Special Report - Tech
The new E-Verify rule for federal contractors has a lot of employers wondering exactly who’s covered by the requirement — and what they have to do now.
To clear up some of the confusion, U.S. Citizenship and Immigration Services (USCIS) has published answers to a few of HR’s most common questions about federal contractors and E-Verify:
1. Who’s affected by the rule?
Companies will be required to use E-Verify when they enter into federal contracts with a work period of longer than 120 days and a value of more than $100,000. Also, subcontractors are covered by the rule when the prime contract meets those requirements and the subcontract is for services or construction with a value over $3,000.
2. Which employees must be verified?
Covered contractors are required to verify all new hires, as well as any existing employees assigned to the government contract. That includes employees who perform “substantial duties” under the contract, as opposed to those performing overhead or support work.
3. When do we have to enroll?
The rule went into effect on September 8. Any applicable federal contract signed after that date must include an “E-Verify clause” that requires contractors to use the system.
Companies not already signed up for E-Verify have to enroll within 30 days of being awarded the contract and must begin verifying new hires and current employees working on the contract within 90 days.
Of course, companies can sign up whenever they want, so current or prospective federal contractors might as well enroll before they’re required to.
When you enroll, choose “federal contractor” when asked, “Which category best describes your organization?”
4. What if we already have a government contract?
You won’t be required to sign up for E-Verify until you sign a new contract that contains the E-Verify clause.
5. We already enrolled in E-Verify, but not as a contractor? Do we have to re-enroll?
No, but if you aren’t enrolled as a federal contractor, you will need to update your company profile to categorize your company as a contractor.
For more information from USCIS, click here.
Tags: contractors, e-verify, USCIS
October 5th, 2009 at 7:54 pm
Its likely there is going to be a nasty battle ahead over comprehensive immigration reform? My thought is that instead of starting from scratch, like the open border insane society is demanding we should fabricate amendments into the 1986 Simpson Mazzoli bill. First and foremost the Immigration Reform and Control Act (IRCA), was full of loopholes. Its main content was to legalize guest workers, whose labor was mostly spent in agriculture. The problem that once legalized, they vanished from the fields and orchards, taking jobs on Main Street, stealing jobs from Americans. The numbers of illegal aliens escalated, because the perforated borders and limited border patrol agents led to floods of more foreign nationals skirting our national border.
Farmers, agriculturists and businesses had to seek more workers once again, so the borders remained intentionally open thanks to Democrats and Republicans. So instead of the estimated 3.5 newcomers the actual figure was more like 5 million, with more crossing the inept border incessantly. Most of the new entrants lied about their period of residency and produced utility bills and other bogus documentation, including fraudulent affidavits. So the prior (INS) Immigration & Naturalization Service couldn’t attempt to handle the overwhelming influx of illegal immigrants applying? Now President Osama and his Democratic happy faces want to swamp us yet again, with an estimated 20 plus illegal immigrants already squatting here? Even today the doors remain wide open, because the political parties under funded the real border fence, originally drafted by Rep. Duncan Hunter of California. His short 50 mile fence in San Diego, California is double tiered, with a no-mans-land between for border patrol vehicles to make their inspection tours.
The fence that crosses America is–ONE STRAND BARRIER–and in many places doesn’t exist at all, except for ailing cameras, sensors and other vehicle barriers? Now if the powers in Washington had any brains, they could amend the (IRCA) law? First is agriculture that wants Guest Workers to pick fruit and vegetables, they must be issued a special visa limited to a specific time. They cannot work outside that boundary and must return to their country of residence after the document expires. If they want at some point in time to qualify for permanent legal status, they must apply like all new immigrants through their embassy. There fingerprints and other data should be recorded just in case they disappear from the workplace and placed on an arrest list by ICE.
Other amendment to the (IRCA) law can be added, but the majority of public opinion demands no path to citizenship or BLANKET AMNESTY. Leave America and apply for an immigration entry visa like honest potential immigrants have for years? If you live in America previously without THE PEOPLES PERMISSION, you will be subject to fines, but not necessarily exempt from an entrance visa. Criminal aliens and anarchists obviously must remain–persona none gratis. A points system must be enacted similar to countries in Europe and even Australia. Points are observed for special highly skilled individuals, specialty engineers, scientists and computer specialists and other equally outstanding credentialed labor that has no equal in our nation.
The deterrent for smuggling yourself and family members into a sovereign country, with no longer is a civil offense. Every business within the jurisdiction of these United States and its territories and islands will be instructed to install E-Verify permanently. A mandatory directive will include criminal penalties for not operating the E-Verification application in all employment. No working person shall be exempt including those who have been on payroll for twenty years or more. New immigrants cannot access any welfare or government subsidies, unless under emergency status. A new stage 2 E-Verify modified to check the persons right to health care, drivers licenses, car insurance, real estate including home purchase. E-Verify could also be adapted to vet a persons voting status in coming elections to halt violations of the law. Within the local Social Security administration those who have remained in limbo, can be verified for any number of irregularities.
In time as E-Verify and its innovations are upgraded, with biometric and photo recognition improvements, the system will certainly pay for itself. Chances are in the coming months rogue politicians whose immigration grading can be viewed on NUMBERSUSA, will try to weaken or drop E-Verify for the favors they owe the US Chamber of Commerce and the nausating special interest groups? Just as they are accomplishing breaking down 287 G, police immigration questioning. ICE raids and other enforcement tools. As I have said before this is all about ECONOMICS. ITS about deteriorating infrastructure, its about the Census bureau stating that in the year 2050, the nation’s population is projected to increase by nearly 130 million people — the equivalent of adding another four states the size of California. Understand about this physical nightmare at CAPSWEB. In conclusion, there is much more information about the corruption in our political parties; not just immigration at the JUDICIAL WATCH site.
A mandated law must be authored that renegade businesses who employ illegal entrants, must be held accountable for the huge bills that hospitals and taxpayers get stuck with?
PAY ATTENTION to the fact that the present Governor of California, Arnold Schwarzenegger is currently endorsing San Francisco’s–Sanctuary City–Liberal/Socialist Mayor Gavin Newsom for the new Governor of the State. This would be an absolute atrocity to the legal communities, when Newsom allowed ID for illegal aliens and refused to put young illegal immigrant gang members in the hands of ICE? Indirectly the sanctuary policy that was indifferent to Federal law, was an accessory in the June 22 slaying’s of Anthony Bologna and his sons Michael and Matthew. There is already a mayor in Los Angeles who supports the illegal immigrant invasion, so you definitely don’t want Gavin Newsom giving bogus identification or welcoming millions more illegal families to extract subsidies from the already cash-strapped Californians.
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October 6th, 2009 at 10:36 am
Wow Dude. Seriously? This is a website with info for HR people to be able to do their jobs. Please blog somewhere else. Thanks.
October 6th, 2009 at 12:03 pm
I concur with Seriously? This diatribe does not belong on an HR site. How did the topic go from E-Verify to one-strand fencing and the endorsement for Governor of California?
October 6th, 2009 at 12:32 pm
Brittancus, Since this is an HR newsletter, I think most HR Directors would be interested in finding an answer to questions that pertain to HR, like . . . .
1. How do we find young, healthy, CITIZENS who want to pick fruits and vegetables, hang sheetrock, plaster walls, maintain landscape, clean buildings at night? Those jobs were not stolen, no one else was applying for them.
2. How do we find workers who are, and will stay, drug free and use alcohol in moderation, only on non-working hours? This might be difficult to solve in view of what we read about America’s “insatiable appetite” for illegal drugs which is the cause of so many other country’s ills.
3. Why can’t E-Verify be expanded to be valuable to the employer, providing information recorded about every worker? Driver’s license records from all States, Justice and Criminal Court records from all States . . . in short, everything an employer would need to verify that the applicant might be a valuable, safe employee, not just a legal one. As we all know, criminal activity, drug abuse, unsafe habits, are not just limited to non-Citizens and it is costly and time consuming for an employer to research this data. Employers might voluntarily, even gladly, use E-Verify if it, was a clearing house for useful information about ALL workers.
These are actually rhetorical questions because there are no cures to these ills in this system, only band aid fixes.
October 6th, 2009 at 12:37 pm
I agree with “Seriously?”
October 6th, 2009 at 12:40 pm
I agree with Seriously?
October 6th, 2009 at 1:04 pm
I agree with Seriously? If I wanted political diatribe, I could get it aplenty on other sites. What has this to do with the specifics of E-verify?!
October 6th, 2009 at 1:13 pm
I am HR people, doing my job………..and I think this is important, because we NEED to get rid of all the illegals on someone’s payroll in America! The best thing I would offer up, Give EVERY MAN and WOMAN a United States issued armed force uniform. Off to boot camp and FOUR years in an armed force, NO PAY (we’re supporting them already, we’ll make sure they are clothed and fed in the services). After 4 years fighting for our country, they can take an oath to become a U.S. citisen and then begin to understand how poor we are because of the likes of themselves. They will help this country become stronger against the illegals that just want something for nothing~! ALL illegal aliens should be FORCED to fight for this country…..so they cab say “I FOUGHT FOR MY FREEDOM, MY COUNTRY’S FREEDOM.
October 6th, 2009 at 1:27 pm
Seriously-I couldn’t have said it better. Also, he needs to check his grammar and spelling.
October 6th, 2009 at 1:30 pm
Agreed.
October 6th, 2009 at 2:01 pm
So, the country does little to keep illigal immigrants out, wants to help them with healthcare and other social programs, yet if a company gets caught hiring illegals, that company gets in trouble. ?? They’re here, and our congress seems to not mind all that much that they are here, yet they won’t allow US companies to hire them — it begins to look like the congress wants them to be taken care of by taxpayers.
October 6th, 2009 at 2:42 pm
The below statement from the E-Verify article is incorrect.
“Of course, companies can sign up whenever they want, so current or prospective federal contractors might as well enroll before they’re required to.
When you enroll, choose “federal contractor” when asked, “Which category best describes your organization?”
You can sign up for E-Verify prior to receiving your first federal contract with the FAR clause, but you must sign up voluntarily, which will allow you to do verifications on new hires only. You can’t sign up as a federal contractor until you have received a contract that includes the FAR clause, regardless to whether you have current federal contracts. When you receive your first contract with the FAR clause, you can change your status to federal contractor and then begin checking current employees working directly on the federal contract.
“Of course, companies can sign up whenever they want, so current or prospective federal contractors might as well enroll before they’re required to.
When you enroll, choose “federal contractor” when asked, “Which category best describes your organization?”
October 7th, 2009 at 9:45 am
QUERY—you seem to have addressed the current problem that most have overlooked.
Rampant drug and alcohol use among workers is subverting safety and productivity in the workplace, and destroying families.
Drug abuse is not a victimless crime.
October 7th, 2009 at 11:26 am
Seriuosly folks, what does half of these comments have to do with E-Verify and Federal Contractors? Let’s stay on the subject, Ihave my personal views but this is not the place. A little more professionalism PLEASE! I come to this website to obtain work related information.
October 8th, 2009 at 8:43 am
I’m afraid to say that these comments have everything to do with e-verify. There wouldn’t be any need to even have an e-verify system if we didn’t have so many illegal aliens in this country who undermine the ability of “True American’s” to earn a decent wage. Although some like “Query” have posed all these questions that HR directors would like to ahve answered, the fact of the matter is that American’s don’t want to pick fruits and vegetables because it doesn’t pay enough, probably in most cases minimum wage- who can live on that? Furthermore, minimum wage to “illegals from south of the border” has much more buying power when they send their money south than what it does here giving them more flexibility to work for these low wages which is not equitable to the Citizens of the United States. These are the real issues.
October 12th, 2009 at 12:06 pm
[...] National – Federal contractors doing work for more than 120 days with a value of over $100,000, and subcontractors providing goods and services worth more than $3,000 (read more on these requirements here). [...]
November 16th, 2009 at 3:15 pm
Not sure I want illegal aliens on the front lines protecting me. I understand the point you’re trying to make, but I want to be sure whose side they are on…
H.R. Veteran