E-Verify System - Important Affirmation Requirement


Senate Bill (SB) 312, as passed by the 85th Legislature, adds Transportation Code §223.051, which states:

The department may not award a contract for the construction, maintenance, or improvement of a highway in this state to a contractor unless the contractor and any subcontractor register with and participate in the E-verify program to verify employee information. The contractor and any subcontractor must continue to participate in the program during the term of the contract.

In accordance with SB 312, effective with October 2017-let projects, all prime contractors and subcontractors on construction and maintenance projects must submit an affirmation of registration and participation in the Department of Homeland Security’s E-Verify system.

  1. If your company is not already registered, register here.
  2. Upon registration, the system automatically creates the "E-Verify Memorandum of Understanding for Employers." Note: If you need technical support, contact E-Verify Customer Support.
  3. Access your company's "E-Verify Memorandum of Understanding for Employers" and save the file as a PDF.
  4. Complete TxDOT Form 2678 and save the form as a PDF.
  5. As affirmation of your company's compliance with SB 312, follow these instructions to submit the "E-Verify Memorandum of Understanding for Employers" and TxDOT Form 2678.

Failure to submit the appropriate affirmation and "E-Verify Memorandum of Understanding for Employers" will result in the following:

  • TxDOT will reject prime contractor prequalification applications that do not include the required documentation.
  • Currently qualified prime contractors will be unable to access official bid proposals after Sept. 11, 2017, until the documentation has been provided.
  • Subcontractors will not be approved to work on TxDOT projects until the documentation has been provided.

Once a contractor has complied with these requirements, TxDOT will add the company name to a publicly accessible online document that will identify prime contractors and subcontractors who have provided the requested documentation to confirm participation in the E-Verify system.

For more information, contact the Construction Division at (512) 416-2584 or email us.