With limited exceptions, employees, whether new or existing, who are assigned to the covered contract, must be verified within 90 days of enrollment or 30 days of assignment of that contract, whichever is later. The proposed E-Verify clause contains a flow-down requirement to any subcontract purchase order exceeding $3000. While the contractor is not responsible for the hiring decisions of lower-tier firms, the contractor is expected to ensure all lower-tier contract include a provision requiring E-Verify use. The federal regulation is likely to be challenged and its present form.
