Immigration
Law Update
E-Verify Federal Contractor Rule Postponed Again.
The applicability date of the final
rule requiring federal contractors and subcontractors to begin
using U.S. Citizenship and Immigration Services' E-Verify system
has been delayed until Sept 8, 2009. When it does
takes affect, the rule will direct federal acquisition officers
to include in certain federal contracts and solicitations a
clause requiring contractors to use the E-Verify program to
verify the employment eligibility of all new hires, as well
as the eligibility of existing employees who will directly perform
work under the contract. This rule will apply to federal contracts
valued in excess of $100,000, and with a performance period
lasting more than 120 days. Additionally, service or construction
subcontracts of an underlying contract covered by the new federal
law will also be required to include the E-Verify clause if
the value of the subcontract is in excess of $3,000.
Regulation delayed requiring Federal Contractors to use
E-Verify System
Federal contractors and subcontractors
will be required to begin using the U.S. Citizenship and Immigration
Services’ E-Verify system starting May 21, 2009, to verify
their employees’ eligibility to legally work in the United
States. This new rule requires federal contractors to agree,
through language inserted into their federal contracts, to
use E-Verify to confirm the employment eligibility of all
persons hired during a contract term, and to confirm the employment
eligibility of federal contractors’ current employees who
perform contract services for the federal government within
the United States.
Federal contracts awarded and solicitations
issued after May 21, 2009 will include a clause committing
government contractors to use E-Verify. The same clause will
also be required in subcontracts over $3,000 for services
or construction. Contracts exempt from this rule include those
that are for less than $100,000 and those that are for commercially
available off-the-shelf items. Companies awarded a contract
with the federal government will be required to enroll in
E-Verify within 30 days of the contract award date. They will
also need to begin using the E-Verify system to confirm that
all of their new hires and their employees directly working
on federal contracts are authorized to legally work in the
United States. USCIS.GOV
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility (I-9).
Reopens Public Comment Period for 30 days.
U.S. Citizenship and Immigration
Services (USCIS) announced today it has delayed by 60 days,
until April 3, 2009, the implementation of an interim final
rule entitled “Documents Acceptable for Employment Eligibility
Verification” published in the Federal Register on Dec. 17,
2008. The rule streamlines the Employment Eligibility Verification
(Form I-9) process.
Employers must complete a Form
I-9 for all newly hired employees to verify their identity
and authorization to work in the United States. The interim
final rule will amend regulations governing the types of acceptable
identity and employment authorization documents employees
may present to their employers for completion of the Form
I-9. Under the interim rule, employers will no longer be able
to accept expired documents to verify employment authorization
on the Form I-9. USCIS.GOV
USCIS Revises Direct Mail Program for the Application for Naturalization (Form N-400)
Effective Jan. 22, 2009, applicants
must submit Form N-400 and related supplements to one of two
new USCIS Lockbox facilities for initial processing, using
the following addresses:
If You Reside In: Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana,
Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska,
Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington,
Wisconsin, Wyoming, Territory of Guam, or Northern Mariana
Islands, file your N-400 with:
USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 21251
Phoenix, AZ 85036
Courier and
Express Mail Deliveries
USCIS, Attn: N-400
1820 E. Skyharbor Circle S. Floor 1
Phoenix, AZ 85034
If You Reside In:Alabama,
Arkansas, Connecticut, Delaware, District of Columbia, Florida,
Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Mississippi, New Hampshire, New Jersey, New Mexico, New York,
North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode
Island, South Carolina, Tennessee, Texas, Vermont, Virginia,
West Virginia, or U.S. Virgin Islands, file your N-400 with:
USCIS Lockbox Facility
U.S. Citizenship and Immigration Services
P.O. Box 299026
Lewisville, TX 75029
Courier and Express Mail Deliveries
USCIS, Attn: N-400
2501 S. State Hwy 121, Bldg. 4
Lewisville, TX 75067
USCIS.GOV
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