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Compliance Alert
Court Decision Means E-Verify
Takes Effect Next Week
The
requirement that federal government contractors use E-Verify is now moving
forward due to a court decision on August 26, 2009. A group of
business leaders and human resource professional organizations (SHRM among
them) had challenged the legality of the E-Verify Executive Order and its
implementing regulations. The U.S. District Court decided in favor of
the government and ruled that the regulations should move forward.
Unless the government issues an additional delay, the regulations are
slated to take effect September 8, 2009.
E-Verify
is the electronic employment verification system
operated by the U.S. Citizenship and Immigration Services (USCIS).
The regulations, put in place after President Bush issued Executive Order
12989 in June 2008, were originally set to go into effect on January 15,
2009 but have been delayed several times. The regulations require
that organizations with government contracts awarded after September 8,
2009 must use the E-Verify system to determine if new hires and existing
employees working on the government contract are authorized to work in the
United States.
For
clients covered under these regulations, we recommend that you begin to
prepare to use the E-Verify system. USCIS has published information
and frequently asked questions on its website which you can find here.
The
recent National Industry Liaison Group (NILG) conference held in Atlanta,
GA (July 29 - 31, 2009) included a government-led training session on the
use of E-Verify. My notes from the conference contain a synopsis of
many of the sessions and can be found on our website at this link.
If
you have any questions, or need further information on the topic covered in
this Compliance Alert, please feel free to contact any of our professionals
at Maly Consulting LLC.
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