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Executive Alert

DHS Proposed Rule to Mandate the Use of E-Verify Employment Eligibility Verification System for All Federal Contractors

On June 6, 2008, President Bush amended Executive Order 12989 to require all federal contractors "to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce..." On June 9, 2008, the Department of Homeland Security proposed a rule that would make E-Verify the system required under the order.

E-Verify (formerly known as the Basic Pilot/Employment Eligibility Verification Program) is a free Internet-based system operated by Homeland Security and the Social Security Administration that allows participating employers to use new hires' social security numbers to verify employment eligibility. Under the proposed rule, federal contractors will be required to screen all new hires and current employees who will work on federal contracts through E-Verify.

Compliance with Executive Order 12989, as amended, will not be required until the new rule is finalized after a period of public comment. Baker Hostetler will keep you informed of any developments.

If you have any questions, please contact Marcy Stras at mstras@bakerlaw.com or 202.861.1676 or Matt Hoyt at mhoyt@bakerlaw.com or 614.462.2650. Additional information concerning E-Verify may be found at www.uscis.gov/E-Verify.