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Greg Siskind on Immigration Law and Policy

WHO WILL BE COVERED BY E-VERIFY EXECUTIVE ORDER

Rating: 3 votes, 5.00 average.

When I posted immediately after the release of the President's Executive Order requiring federal contractors to use E-Verify, I guessed that health care institutions that took Medicare and universities that participated in the federal student loan program would be covered. The proposed regulations, however, are more specific in stating that the order only applies to acquisition contracts and not all contracts. Procurement contracts involving goods and services are clearly covered, but I don't think Medicare a student loans would trigger the requirement, based on my reading. That does not mean health care employers and universities are off the hook, however. Many of them have contracts to provide services to federal employees. For example, if a hospital treats federal employees or their families under a provider contract, that might be covered. And universities accepting federal funds for research projects might be covered. Universities are nervous about the new rule as seen from this article in the Chronicle of Higher Education.

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Comments

  1. Alex's Avatar
    Hi Greg,

    I know that it is not connected to the post but can you please tell what you know about the HR 5924 (nurse visas) especially after the hearing held this week, please please share your view. please.

    Thanks
  2. newXgate's Avatar
    Sorry for my ignorance, but what is an 'acquisition contract'?
  3. Greg Siskind's Avatar
    It is a contract to purchase goods or services.
  4. Greg Siskind's Avatar
    The bill is going to be marked up next week and then will hopefully get a fast vote on the floor. The challenge will be to move things in the Senate quickly, but I'm more optimistic than in the recent past.
  5. Alex's Avatar
    Thank you very much for the quick reply Greg, I appriciate it very much.

    Alex
  6. owen's Avatar
    Mr. Siskind,
    Please excuse my ignorance but I was doing a little research on the amended executive order 12989 and found your blog. I am intrigued by your post on the possible requirements for health care companies and universities to comply with E-verify. Would any institution that accepts federal funds be affected by the executive order? (I guess--among other things--I don't really know what constitutes a federal contractor.) If so would my local city government have to begin using the E-Verify system? I am sure there are many things I am not considering but my knowledge of the subject is very limited. I appreciate your expertise.

    owen
  7. Bob's Avatar
    We are not a government contractor but we supply temporaries to clients that may be covered because they may have government contracts. The workers are clearing our employees and not the employee of the client. I would think we are not covered because it is no different than a company hiring a banquet hall for a company function and expecting the banquet hall to comply.
  8. Bob's Avatar
    We are not a government contractor but we supply temporaries to clients that may be covered because they may have government contracts. The workers are clearly our employees and not the employee of the client. I would think we are not covered because it is no different than a company hiring a banquet hall for a company function and expecting the banquet hall to comply.
  9. Erin's Avatar
    Greg, Can you tell me where can I find the regulations dealing with whether health care providers receiving Medicare payments are exempt from the E-Verify requirement? Thanks.
  10. Greg Siskind's Avatar
    Hi Erin - Go to http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cb2a535e0869d110VgnVCM1000004718190aRCRD&vgnextchannel=534bbd181e09d110VgnVCM1000004718190aRCRD .

    Sorry for the long link. So far, it looks like the Administration is taking the position that accepting Medicare does not trigger an E-Verify requirement, but I think if they wanted to take an expansive view they could. We'll know if we start hearing about contracts between HHS and health care employers start including the E-verify language. So far, that seems to not be happening.
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