What Is E-Verify?
E-Verify is an Internet-based system operated jointly by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows employers to electronically verify an employee's eligibility to work in the United States. The E-Verify system compares information from an employee's Employment Eligibility Verification Form I-9 (I-9 Form) to information contained in DHS and SSA databases.
The Immigration Reform and Control Act of 1986 (IRCA) mandates that U.S. employers verify the employment eligibility status of newly-hired employees. IRCA made it unlawful for employers to knowingly hire or continue to employ unauthorized workers. The law requires new employees to establish their work authorization by completing the I-9 Form.
On June 6, 2008, President George W. Bush signed Executive Order 13465 requiring certain federal contractors to use E-Verify to confirm the employment eligibility of employees assigned to work on federal contracts. Federal regulations implementing this executive order took effect in September 2009. The regulations apply to federal contracts in excess of $100,000 and federal subcontracts in excess of $3,000 which contain the Federal Acquisitions Regulations (FAR) E-Verify clause (see FAR § 52.222–54).
As a federal contractor, Carnegie Mellon is required to use E-Verify to verify the employment eligibility of all employees assigned to work on federal contracts containing the FAR E-Verify clause. Compliance with E-Verify requires the cooperation of all departments receiving federal contracts and all faculty and staff assigned to work on federal contracts. Failure to comply with E-Verify regulations may jeopardize the university's ability to receive federal contract funds in the future.
Who Is Affected?
- Existing employees including faculty, staff, student workers, and any other employees who perform substantial duties on a covered federal contract must complete a new I-9 Form and have the information from that form processed through E-Verify.
- Newly-hired employees who are assigned to work on covered federal contracts must also have the information from their I-9 Form processed through E-Verify.
- Principal Investigators and department business managers must ensure that all employees assigned to work on covered federal contracts initiate the E-Verify process within the applicable deadlines.
Timeframes to Initiate E-Verify
|FOR CONTRACTS AWARDED AFTER SEPTEMBER 9, 2010||Newly Hired Employees Assigned to an E-Verify Federal Contract||Existing Employees Assigned to an
E-Verify Federal Contract
|First 90 days after the date of the contract award||Within three days of the date of hire||Within 90 days of the contract award or 30 days of being assigned to work on the contract, whichever is later|
|More than 90 days after the date of the contract award||Within three days of the date of hire||Within 30 days of being assigned to work on the contract|
Exemptions from E-Verify
The following categories of employees are exempt from E-Verify:
- Employees who have previously completed E-Verify while working at Carnegie Mellon (excluding employees who terminate employment at Carnegie Mellon and return later).
- Employees who were hired by Carnegie Mellon on or before November 6, 1986 and who have been continuously employed by Carnegie Mellon since then.
- Security Clearance Exception: Employees who have an active confidential, secret, or top secret security clearance in accordance with the National Industrial Security Program Operating Manual or Homeland Security Presidential Directive-12 are exempt from E-Verify. (Note: These employees will still have to complete E-Verify when their security clearance expires).