Member Advisory

September 23, 2009

On September 8, federal contractors and subcontractors became required to commence using the U.S. Citizenship and Immigration Services’ E-Verify system to confirm their employees’ eligibility to work legally in the United States.

The Federal Property and Administrative Services Act of 1949 (FPASA) gives the President authority to prescribe policies and directives governing procurement policy. On June 6, 2008, President Bush exercised this right and issued Executive Order 12989 regarding E-Verify.   The new rule effective September 8 directs federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. 

This rule will only impact federal contractors who are awarded a new contract after September 8, 2009 that includes the Federal Acquisition Regulation (FAR) E-Verify clause. Employers are required to enroll in E-Verify when they are awarded a federal contract or subcontract that requires participation in E-Verify as a term of the contract.

The rule exempts:

• Contracts that include only commercially available off-the-shelf (COTS) items (or minor modifications to a COTS item) and related services;
• Contracts of less than the simplified acquisition threshold ($100,000);
• Contracts less than 120 days; and
• Contracts where all work is performed outside the United States.

Colleges and universities that have federal contractors are encouraged to contact the U.S. Department of Homeland Security – U.S. Citizenship and Immigration Services national customer service center number at 1-800-375-5283. For answers to frequently asked questions, click here. 

HACU recommends that your Human Resources department review and be aware of this policy for future employment verification of federal contractors.

HACU Member Advisories are a Service of the

Hispanic Association of Colleges and Universities.