Fact Sheet on the Federal Contractor E-Verify Regulations
• Employers are covered if they enter into or renew a federal government contact after September 8, 2009.
• All federal contractors who are covered must enroll in E-Verify within 30 days of receiving their new or renewed federal contract.
• Covered federal contractors must submit all their existing employees who work on the federal contract to E-Verify within 90 days of enrolling in E-Verify.
• Covered federal contractors must submit all of their new hires, regardless of whether they work on a federal contract, to E-Verify.
• Covered federal contractors may submit all their existing employees who don't work on the federal contract to E-Verify within 180 days of enrolling in E-Verify but are not required to do so.
• A federal contractor may not discriminatorily submit only certain employees or groups of employees to E-Verify.
• New hires may not be submitted to E-Verify until they have been offered a job and accepted but must be submitted to E-Verify no later than 3 days after they begin work.
• E-Verify is not a substitute for the I-9 process. It is in addition to that process. Under E-Verify, the employer submits the information on the I-9 to E-Verify which matches the information with DHS and SSA databases.
• If a contractor receives a "Final Nonconfirmation" on an employee or an employee does not contest a "Tentative Nonconfirmation", the employer is presumed to have knowingly hired a worker who is not work authorized and is very likely to terminate the individual.
• An employee who receives a "Tentative Nonconfirmation" from E-Verify may contest that determination but must contact the appropriate agency (DHS or SSA) within 8 federal government working days to resolve the problem and the agency must make a final decision on the worker's case within 10 working days.
• If an employee appeals his/her "Tentative Nonconfirmation", the employer cannot terminate that person until the employer receives a "Final Nonconfirmation".
If you have any questions please contact SEIU Immigration Attorney Orrin Baird at Orrin.Baird@seiu.org

