Can a vendor or subcontractor limit its participation in E-Verify to its newly hired employees who will work on the state contract?
No. The federal instructional bulletin “I am an Employer, How Do I Use E-Verify?” states that the employer “can choose which sites to enroll. However, each site that has signed an MOU must verify the status of all new hires for that site.” Any time the state requirements outlined in the EO are less stringent than the formal requirements of the federal E-Verify system, the federal requirements will apply. As with the subcontractor issue, the scope of a vendor’s participation in E-Verify may involve case-specific judgment calls. Again, if those judgments are subsequently challenged by a competitor or others, the vendor or subcontractor would be expected to defend its judgments as reasonable and consistent with good faith efforts to implement the EO.
Related Questions
- What documentation does my department need to keep indicating that I initiated a query in E-Verify for a newly hired or current employee?
- Can a vendor or subcontractor limit its participation in E-Verify to its newly hired employees who will work on the state contract?
- What information do I need to have in order to complete verification through E-Verify for a newly hired or current employee?
