An employee must have an active federal agency HSPD-12 credential at the time an E-Verify case would be created to be exempt from E-Verify.
No. Only users that enroll in E-Verify as federal contractors or existing participants who update their status in the ‘Maintain Company’ page to indicate that they are a ‘Federal contractor with FAR E-Verify clause’ will be able to view and complete the E-Verify tutorial for federal contractors.
Yes. If you are an existing E-Verify participant and you update your status in the ‘Maintain Company’ page to indicate that you are a ‘Federal contractor with FAR E-Verify clause’, E-Verify will automatically require your users to complete a tutorial that reviews the new processes associated with the FAR E-Verify rule. This tutorial is designed to be completed in approximately 30 minutes.
Yes. All of your program administrators and general users must complete a tutorial for federal contractors and pass a knowledge test before they can access E‑Verify. When E-Verify employer agents update one of their clients to ‘Federal Contactor with FAR E-Verify clause’, they must take a federal contractor tutorial.
No, you should not enroll again. Instead, you must go to your ‘Maintain Company’ page to update your company profile to ‘Federal contractor with FAR E-Verify clause’. For specific instructions on how to update your company profile, see the E-Verify User Manual. Once you designate your company as a ‘Federal contractor with FAR E-Verify clause’, all users must take the E-Verify tutorial for federal contractors.
Only the legal entity (business) that signs the contract is considered the contractor, and is bound by the E-Verify obligation. Whether certain subsidiaries and affiliates are a part of a legal contracting entity depends on the specific factual context. Consult your legal representative and government contracting official if you have additional questions about these topics. For information about verifying your existing workforce if you are a federal contractor with a contract that contains the FAR E-Verify clause, see the E-Verify Supplemental Guide for Federal Contractors.
You must create cases for all existing non-exempt employees assigned to the qualifying contract within 90 calendar days of designating your company as a ‘Federal contractor with FAR E-Verify clause’ in E-Verify and selecting which employees you will verify.
If you choose to verify your entire workforce, you must create cases in E-Verify for all remaining existing non-exempt employees within 180 calendar days of selecting ‘Entire Workforce’. For more information on these timelines, see the E-Verify Supplemental Guide for Federal Contractors.
No. Employees are not exempt based on the intermittent nature of the work or the length of time spent performing the work.
If a company is already enrolled in E-Verify as a federal contractor with a federal contract containing the FAR E-Verify clause and receives a subsequent federal contract that also contains the FAR E-Verify clause, the company must continue to create E-Verify cases for newly hired employees within three business days of their start date. However, the company will have 90 days from the award date of the subsequent contract to create an E-Verify case for existing non-exempt employees working on the subsequent contract.
The additional 90-day period to verify existing employees does not apply to companies that had chosen to verify their entire workforce when they entered into the initial federal contract with the FAR E-Verify clause. Also, if they had not already done so, companies do not receive an additional 30 days to enroll or update their company profiles since they enrolled as a ‘Federal contractor with FAR E-Verify clause’ when the initial federal contract containing the FAR E-Verify clause was awarded.
See the E-Verify Supplemental Guide for Federal Contractors.