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Federal Contractors Must Use E-Verify to Check Employee Work Status, President Bush Orders
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June 30, 2008
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By Jo Anne C. Adlerstein
Thelen LLP
President Bush has issued an amended Executive Order making the E-Verify program mandatory for U.S. employers that enter into contracts with the federal government.
E-Verify is the latest incarnation of the Basic Pilot/Employment Eligibility Verification Program initiated in 1997 to allow employers to voluntarily check the employment verification documents of new employees to confirm that the employees are authorized to work in the United States.
While E-Verify still is promoted as a "voluntary" program, in recent months some state legislatures have enacted statutes requiring employers doing business in the state to utilize E-Verify or face criminal prosecution, loss of state contracts and even loss of the right to do business in the state. More recently, the federal government prescribed enrollment in E-Verify as a pre-requisite to employers obtaining an additional period of Optional Practical Training for F-1 students holding degrees in science, mathematics and engineering.
The latest Executive Order requires that federal contractors utilize E-Verify for anyone hired during the contract period and all persons assigned by the contractor to perform work in the United States on the contract. This makes the order applicable to all subcontractors of the prime contractor.
Click here to view the full text of the announcement.
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For more information about the issues covered in this report, please contact Jo Anne C. Adlerstein in our New York office at 212-603-2388 or at jadlerstein@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.
©2008 Thelen LLP
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