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Some Workers, Contracts Exempt From E-Verify

The Bush administration has eased the burden somewhat on contractors who must verify their employees’ immigration status through the E-Verify program, but the changes in the final rule did not satisfy many industry groups that have been critical of the effort.

The final rule requires employee verification on contracts above $100,000, instead of $3,000 that was originally proposed, and only on contracts lasting more than 120 days. Companies will be required to verify only those employees who work on a federal contract, not the entire staff.

Timelines were significantly relaxed in the final rule. It allows a contractor 30 days to begin verifying existing employees, rather than three in the original proposal. And contractors that newly enroll in the E-Verify system will have 90 days, rather than 30, to begin using the system.

People working on contracts for commercial off-the-shelf items are exempt from verification. So are employees holding security clearances and employees for whom background investigations have been completed and new smart ID cards issued under the Homeland Security Presidential Directive 12.

Verification is required for people working on subcontracts for services and construction that are worth more than $3,000.

Industry groups have complained about the burden of compliance and questioned whether the Homeland Security Department’s E-Verify system could handle the estimated 4 million employees who will have to be checked. Critics complained that federal contractors were being unfairly singled out, since verification is voluntary for other companies. Several industry spokesmen said changes in the final rule did not satisfy their concerns, and it may face a court challenge.

The rule, effective Jan. 15, implements an executive order signed by President Bush in June.

The rule is FAR case 2007-13 in the Nov. 14 Federal Register.


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