By: Lisa M. Wampler

Since the enactment of the Immigration Reform and Control Act of 1986, every employer in the country has been required to complete and retain a Form I-9 for every employee hired after November 6, 1986 to confirm man employee’s citizenship/immigration status. With respect to construction employers on public projects in Pennsylvania, similar eligibility requirements have existed since the Commonwealth’s passage of the Public Works Employment Verification Act, 43 P.S. § 167.1, et seq., in 2013.

Under this piece of legislation, a construction employer is required to use the E-Verify Program to verify the employment eligibility of each new employee hired after January 1, 2013 within five business days of the hire. E-Verify is a web-based program administered by the U.S. Citizenship and Immigration Services and the Social Security Administration that allows employers to electronically check an employee’s work authorization.