Nalini S. Mahadevan, JD MBA

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E-Verify

It is an internet based system to electronically verify the employment eligibility of a new employee.

There are no fees currently assessed for the program by the Government.

If you are a federal contractor or in many States a state contractor, you are required to use E-Verify. Federal contractors and subcontractors are required to use E-Verify.

Currently, Arizona, Colorado, Georgia, Idaho, Minnesota, Missouri, Mississippi, North Carolina, Oklahoma, Rhode Island, South Carolina and Utah require employers to use E-Verify, if they have contracts with those States. Federal contractors and subcontractors are required to use E-Verify.

As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or nonimmigrant classification. You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee.

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

If you want to be sure that a potential employee is eligible to work in the US or wish to file a petition to authorize the potential employee to work for you, consult Nalini at nsm@mlolaw.us.

As of September 8, 2009, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use E-Verify to determine the employment eligibility of:

  • Employees performing direct, substantial work under those federal contracts
  • New hires organization wide-regardless of whether they are working on a federal contract

A federal contractor or subcontractor who has a contract with the FAR E-Verify clause also has the option to verify the company's entire workforce.

For more information concerning FAR E-Verify, and "Federal Contractors Required to Use E-Verify", e-mail and consult Nalini at nsm@mlolaw.us.

Nalini can help Employers set up E-verify and I-9 programs, self audit and compliance programs, so that your company is in conformity with federal guidelines. E-mail and consult Nalini at nsm@mlolaw.us.