As of June 9, 2008, President George W. Bush has amended Executive Order 12989. This now directs all federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to use an electronic system to verify workers' employment eligibility. In response to this Executive Order, Secretary Michael Chertoff designated E-Verify as the system of choice.

In accordance with the Executive Order:

Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security [E-Verify] to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.

The following is a link to the full text of the Executive Order: http://www.whitehouse.gov/news/releases/2008/06/20080609-2.html

what is E-Verify?

E-Verify is a web-based program operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration. E-Verify aids employers in determining the employment eligibility of new hires by comparing information provided by the new employees on Form I-9 with database records.

How This Affects You

If you are a federal government contractor, or a subcontractor on a federal government project, you will be required to participate in E-Verify. The Executive Order leaves open a number of questions related to timing of implementation, whether it will apply to future or current contracts, and other details.

On June 12, 2008, agencies responsible for federal acquisition regulations (FAR) sent a Notice of Proposed Rulemaking (NPRM) to the Federal Register soliciting public comment on proposed changes to these regulations. Comments will be accepted for 60 days.