Changing Federal Landscape Community

 View Only

  • 1.  E-Verify Proposed Changes

    Posted 5 days ago

    Hi Everyone,

    I was wondering if other instiutions were discussing the proposed E-Verify changes and had any concerns? Primarily looking at how E-Verify has terms that prevent you from using it for only certain hirirings (such as grants) and would then force institutions to use it for all hiring. Currently a carve out does exist for federal contracts, but I don't feel hopeful that carve out would be extended to grants. 

    I am curious if other instituions are concerend about having to potentially change their across campus hiring practice to invovle E-verify, or if the general sentiment is that it is not a big deal and they will just do so. 

    Appreciate any insight!



    ------------------------------
    Jamin Weeks
    Director of Sponsored Research
    Amherst College
    Amherst, MA
    (413) 542-8511
    ------------------------------


  • 2.  RE: E-Verify Proposed Changes

    Posted 4 days ago

    Jamin,

     

    Our law firm has been closely tracking the proposed e-Verify changes.  As you know, the entirety of the proposed Uniform Guidance changes is now delayed to at least December 11, following legislative action on the CR.  But if the proposed changes do go through down the road, I think it's important to read the full text relating to e-Verify under proposed Section 200.303(f).  Our reading of the provision is that e-Verify program would only apply to activities relating to federal awards.  See Federal Register notice language here:

     

    "OMB proposes to add § 200.303(f) to require all recipients and subrecipients of Federal financial assistance to participate in the Department of Homeland Security's E-verify program to confirm the employment eligibility of employees and contractors hired in or performing work in the United States under a Federal award. This additional safeguard would be implemented as part of the internal control responsibilities of the recipient or subrecipient. The Federal Government has applied the E- verify program to Federal contractors for over 15 years. OMB is now proposing to expand the application of the E-verify program to Federal financial assistance programs based on its government-wide financial management authorities discussed above. Although OMB is proposing to expand application of the program, the requirements under the program would otherwise apply in accordance with applicable Federal law and DHS program requirements. For entities and activities to which the E-Verify participation program is applied, OMB does not propose to alter existing exceptions or limitations recognized in DHS program requirements based on DHS authorities. OMB also does not propose to apply the program to activities unrelated to Federal awards."

     

    I would try and establish a system that only places certain hiring and positions (those related to federal awards) through the E-Verify, and not subject all hiring unrelated to federal awards through this process.

     

    Happy to discuss in more detail if you have any additional questions.

     

    Best,

    Mindy Pava

    Mindy Pav

    a

    Partner

    Feldesman LLP
    1129 20    th Street, NW, Suite 400
    Washington, DC 20036
    P: 202.466.8960
    F: 202.293.8103

    www.feldesman.com

    CONFIDENTIALITY NOTICE: This e-mail and any attachments contain information from the law firm of Feldesman Leifer LLP and are intended solely for the use of the named recipient(s). This e-mail may contain privileged attorney-client communications or work product. Any dissemination by anyone other than an intended recipient is prohibited. If you are not a named recipient, you are prohibited from any further viewing of the e-mail or any attachments or from making any use of the e-mail or attachments. If you have received this e-mail in error, notify MPava@... immediately and delete the e-mail, any attachments, and all copies from any drives or storage media and destroy any printouts. 

        

     






Related Content