Discrimination
Information for Employees of Federal Contractors Enrolled in
E-Verify
1. What is
E-Verify?
E-Verify
is an Internet-based system operated by the Department
of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS)
that allows employers to electronically verify the employment eligibility of
their employees. E-Verify checks
the information provided on an employee’s Form I-9 against records contained in
DHS and Social Security Administration (SSA) databases.
2. I heard that there are new federal
regulations requiring federal contractors to use E-Verify. Where can I find a copy of those
regulations?
The
regulations can be accessed through the Federal Register, or click here. The regulations’ applicability date was
delayed until September 8, 2009 click here.
Yes. The anti-discrimination provision of the
INA prohibits hiring discrimination and discrimination by employers in the
employment eligibility verification process, on the basis of citizenship status
or national origin. For more
information on the anti-discrimination provision of the INA, click here.
4. How do I know if my employer is a
federal contractor required to use E-Verify?
In
general, a federal contractor is a person or entity that has a contract with the
federal government. Your employer
is only required to use E-Verify as a federal contractor if its contract with
the federal government contains an E-Verify clause requiring E-Verify use. Generally, an E-Verify
clause will be inserted into a contract having a value of more than
$100,000. Furthermore, an E-Verify
clause will not be inserted into contracts lasting less than 120 days, contracts
for work being performed outside the United States, or contracts for
“Commercially available off-the shelf” (COTS) items. For more information, see
USCIS’s
Frequently Asked
Questions: Federal Contractors and E-Verify.
5. How do I know if my employer is a
subcontractor required to use E-Verify?
If
your employer provides more than $3,000 worth of services or construction for a
federal contract and the prime contract contains the E-Verify clause, your
employer is likely required to use E-Verify. For more
information, see USCIS’s
Frequently Asked
Questions: Federal Contractors and
E-Verify.
6. My employer is a federal contractor
required to use E-Verify. Will I be
run through E-Verify?
It
depends. In general, federal
contractors who participate in E-Verify are required to use E-Verify for all new
employees and existing employees who are “employees assigned to the
contract.” There are important
exceptions, however:
•
An employee
should only be verified using E-Verify once (you should not be verified using
E-Verify if you were already verified at the time of hire using
E-Verify).
•
Employees hired
on or before November 6, 1986, may not be verified using E-Verify and may not be
required to complete a Form I-9.
•
Employees
who have an active federal agency HSPD-12 credential or who have an active U.S.
Government security clearance for access to confidential, secret, or top secret
information do not need to be verified.
•
Institutions of
higher learning, state and local governments, governments of federally
recognized Indian tribes, and sureties performing under a takeover agreement
with a federal agency may choose to only use E-Verify on new and existing
employees assigned to the covered federal contract.
For
more information about which federal contractor employees may be run through
E-Verify, see
USCIS’s
Frequently Asked
Questions: Federal Contractors and E-Verify.
7. I was run through E-Verify at my last
job. I’ve been at my new job for a
year and was told that my current employer as a federal contractor wants to run
me through E-Verify even though it did not run my information through E-Verify
when I started this job. Is my
current employer allowed to run me through E-Verify?
Probably. Your employer can run you through
E-Verify, assuming your employer has an E-Verify clause
in its government contract and 1) is required to run you through E-Verify as an
employee assigned to work on that contract, or 2) has elected to run its entire
workforce through E-Verify.
However, certain exceptions apply. See the previous
question.
If
your employer is required or permitted to run you through E-Verify, it cannot
rely on your previous employer’s E-Verify submission.
8. I have been working for my employer for awhile. Even though I completed an I-9 form when I started my job, my employer is now asking me to complete a new I-9 form. Is this permitted?
It depends. Your employer may have a valid reason for asking you to complete a new Form I-9. If your employer has a contract with the federal government and is now required to run those employees working on that contract through E-Verify, your employer may ask you to complete a new Form I-9 if the one you originally completed cannot be relied upon to run your information through E-Verify. If your employer is required to run you through E-Verify, it may not use the Form I-9 that you originally completed unless several conditions are met, which are discussed in the E-Verify user agreement (MOU) and the E-Verify Supplemental Guide for Federal Contractors. Alternatively, your employer may be asking all employees (who were hired after November 6, 1986) to complete a new Form I-9.
You should ask your employer why you are being asked to complete a new I-9 Form and contact OSC if you believe your employer is requiring you to complete a new I-9 Form based on your national origin or your immigration status, or based on your employer’s perception about your eligibility to work.