Final Rule Implements Executive Order 12989 Mandating E-Verify for Federal Contractors. Form I-9 Compliance's Managed SasS Solution Gives Employers Unmatched Flexibility in Meeting Federal Compliance Requirements

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Form I-9 Compliance, LLC announced today that its Software as a Service (SaaS) Solution has been enhanced to provide unmatched flexibility to federal contractors who must utilize the E-Verify system pursuant to Executive Order 12989. Form I-9 Compliance is now equipped with the first solution to allow federal contractors to automatically process E-Verify queries for their entire staff without having to manually enter employee data and submit queries one by one - potentially saving employers thousands of hours of labor in the administration of Executive Order 12989.

to our knowledge, our firm is the only company in the United States that focuses exclusively on the I-9 Form and related processes. Whether it is our web-based electronic I-9 Form, seamless integration with E-Verify, semi-automated I-9 Auditing processes,

Form I-9 Compliance, LLC, the first federally approved Designated Agent of the Department of Homeland Security (DHS) and the Social Security Administration (SSA) for web-based employment verifications through the E-Verify system, announced today that its Software as a Service (SaaS) Solution has been enhanced to provided unmatched flexibility to federal contractors who must utilize the E-Verify system pursuant to Executive Order 12989. Form I-9 Compliance is now equipped with the first solution to allow federal contractors to automatically process E-Verify queries for their entire staff without having to manually enter employee data and submit queries one by one- potentially saving employers thousands of hours of labor in the administration of Executive Order 12989.

On November 14, 2008 the Final Rule amending the Federal Acquisition Regulation ("FAR") was published in the Federal Register. This Rule implements the Bush Administration's Executive Order 12989 that requires federal contractors and subcontractors to use the E-Verify system to confirm the employment eligibility of all current employees hired after November 6, 1986 and physically working in the United States on federal contracts. The federal government imposed the new requirement on federal contractors after imposing it upon all federal agencies and departments on October 1, 2007. Additionally, twelve states now require some level of participation by employers in the E-Verify system. Over 168,000 federal contractors are expected to be impacted by the new Rule in FY09, E-Verifying a substantial portion of over 5 million federal contract workers estimated to be covered by the Rule.

The new Rule applies to contracts awarded after January 15, 2009. It covers prime contracts above $100,000 and such contractors must include E-Verification requirements in subcontracts for most commercial or noncommercial services and construction that have a value of over $3,000, including purchase orders with any changes or modifications. Covered contractors must E-Verify all new hires (assigned to federal contracts or not), as well as existing employees assigned to federal contracts, and have the option to E-Verify their entire workforce after proper notification to DHS.

If a federal contractor is not already enrolled in E-Verify, they must enroll within 30 calendar days of a contract award and begin E-verification of all new hires and current employees working on government contracts within 90 calendar days. Timing of E-Verification corresponds to the timing of Form I-9 completion for which contractors and all other employers are already responsible. As stated above, each of the federal contractor's existing employees working on government contracts must be E-verified within 90 calendar days of E-Verify enrollment or 30 days of assignment of the contract, whichever is later. Contractors who elect to E-verify their entire workforce, must initiate an E-Verify query for each employee within 180 days of notifying DHS of its intention to do so.

In the opinion of Form I-9 Compliance, federal contractors should be seeking to partner with a company that has proven expertise in administering electronic I-9 Form solutions, including a seamless integration with E-Verify for the following reasons:

1. The relatively short deadlines that federal contractors now have in which to comply with Executive Order 12989;

2. The significant burdens in terms of time and resources placed upon such employers;

3. The "flowdown" requirements principal contractors have for overseeing subcontractor's E-Verify compliance;

4. The "landmark" requirement to E-Verify existing employees assigned to a federal contract.

As the leader in the development of its "Best of Breed" web-based solution for I-9 management and seamless access to E-Verify, Form I-9 Compliance has a comprehensive "Managed Solution" for federal contractors to meet all of their obligations under Executive Order 12989 in a timely and cost effective manner:

  •     Form I-9 Compliance is a Designated Agent

  •     Form I-9 Compliance gives employers the necessary tools to meet both the current and evolving Federal and State Laws mandating participation in E-Verify
  •     Electronic Form I-9 (eForm I-9) to Ensure Compliance
  •     Seamless integration and capture into E-Verify ("one-click" solution) Error Detecting I-9 Form Functionality with "E-Sign Act" compliant electronic signature solution and easy-to-follow user instructions
  •     Multiple permission levels and I-9 Audit log
  •     Electronic Migration of Pre-Existing "Paper" I-9 Forms
  •     Seamless integration and capture into E-Verify ("one-click" solution)
  •     Search Functionality and Reporting Options
  •     Software as a Service (SaaS) Solution = No Servers or Software to Install or Maintain
  •     SAS 70 Type 11 Certified Computer Facilities

Included in the above components of Form I-9 Compliance's "Managed Solution" are specifically developed protocols designed by Form I-9 Compliance for processing E-Verify queries for current employees that will significantly speed up the processing of this "landmark" requirement of Executive Order 12989, and provides significant cost savings to federal contractors who may otherwise opt for more costly processing.

About Form I-9 Compliance, LLC

With the passage of the Immigration Control and Reform Act of 1986, Form I-9 Compliance's CEO, John M. Hermann worked closely with DHS' predecessor agency, the Immigration and Naturalization Service (INS), to assist in the development of the original I-9 Form and has been providing comprehensive I-9 Form consulting and Auditing services for over 22 years. The clients of Form I-9 Compliance range from Fortune 100 Corporations to mid-size employers.

In commenting on the significant growth Form I-9 Compliance has experienced in the last year, Mr. Hermann stated that, "to our knowledge, our firm is the only company in the United States that focuses exclusively on the I-9 Form and related processes. Whether it is our web-based electronic I-9 Form, seamless integration with E-Verify, semi-automated I-9 Auditing processes, "No-Match" verification through the Social Security Number Verification Service, (SSNVS) and now our unprecedented support for federal contractors, our leveraging of technology to deliver these services is unparalleled in our market niche".

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Thomas Brechtel
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