FEDERAL CONTRACTORS Q&AS

Welcome to the E-Verify federal contractor question and answer page. Browse our topics to find answers related to FAR rule requirements and using E-Verify.

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Yes. Most federal contractors are required to use E-Verify for all newly hired employees, regardless of whether the employees are assigned to a federal contract, and all existing employees assigned to the contract. However, certain organizations with applicable federal contracts containing the FAR E-Verify clause qualify for an exception that requires them to use E-Verify, but permits them to choose to use E-Verify only to verify the employment authorization of employees assigned to a covered federal contract (both new hires and existing employees, but only new hires and existing employees assigned to the contract). These organizations include:

  • Institutions of higher education (as defined at 20 U.S.C. 1001(a))
  • State and local governments
  • Governments of federally recognized Native American tribes
  • Sureties performing under a takeover agreement entered into with a federal agency pursuant to a performance bond

For specific instructions on organizations that qualify for exceptions, see the E-Verify Supplemental Guide for Federal Contractors.

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The E-Verify federal contractor rule requires federal prime contractors with federal contracts containing the FAR E-Verify clause to require their subcontractors to use E-Verify when:

  • The prime contract includes the FAR E-Verify clause.
  • The subcontract is for commercial or noncommercial services or construction.
  • The subcontract has a value of more than $3,500.
  • The subcontract includes work performed in the United States.

Subcontractors who are only suppliers, however, are not subject to the E-Verify federal contractor rule.

The prime contractor should provide general oversight to subcontractors to ensure they meet the E-Verify requirement. A prime contractor may be subject to fines and penalties if it knowingly continues to work with a subcontractor who is in violation of the E-Verify requirement. The prime contractor must ensure that all covered subcontracts at every tier incorporate the FAR E-Verify clause at FAR 52.222-54. For more information on subcontractors, see the E-Verify Supplemental Guide for Federal Contractors.

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No, The E-Verify federal contractor rule applies only to employees working in the United States, which includes the 50 States, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (CNMI).

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Employees are only considered assigned to a contract if they are directly performing work under the federal contract. An employee is not considered to be directly performing work under the contract if the employee normally performs support work, such as indirect or overhead functions, and does not perform any substantial duties under the contract. E-Verify is not able to make this determination for you. For more information, consult your legal counsel and/or contracting official.

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To enroll in E-Verify, you must provide your company’s basic contact information and agree to follow the rules of the program. After enrolling, you must sign a memorandum of understanding (MOU) that provides the terms of agreement between your company and the Department of Homeland Security (DHS).

Go to Enroll in E-Verify to begin the enrollment process.

Once you have enrolled, E-Verify will review your information and activate your account. After the account is activated, you will receive an e-mail with your login instructions, user ID and password.

For more information on how to enroll, see the E-Verify Supplemental Guide for Federal Contractors.

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E-Verify program administrators and corporate administrators can get proof of participation by printing a copy of their company information page.

  1. Log into E-Verify.
  2. From Company, select Edit Company Profile. E-Verify will display the company name, ID number, address, etc.
  3. Print this page and use it as proof of enrollment in E-Verify.
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As a program administrator you can manage important information about your company:

  1. From Company, select Edit Company Profile.
  2. Click View/Edit in the section you want to modify,
  3. Make your updates and click Save and Continue.

For more information on updating your company’s profile, review the E-Verify User Manual

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Although you are not required to join E-Verify, you may do so. E-Verify is the best means available to verify the employment authorization of employees. However, if you enroll prior to receiving a federal contract that contains the FAR E-Verify clause, you may only verify new hires and will not be allowed to verify existing employees.

When you enroll, you will need to indicate the category that best describes your organization. If you are a federal contractor that does not have a contract that contains the FAR E-Verify clause, you should select ‘Federal contractor without FAR E-Verify clause’.

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Workers assigned to a federal contract that contains the FAR E-Verify clause must be verified in E-Verify. The staffing agency must verify the employment authorization of workers it places in a pool to be referred to an assignment.

You must ensure that the staffing agency verified your temporary workers in E-Verify by contacting the staffing agency. Staffing agencies can also provide proof of enrollment in E‑Verify to employers by printing the screen on their Company Information page in E-Verify.

If you prefer to verify temporary employees yourself, you may choose to enroll as an E-Verify Employer Agent (See E-Verify Employer Agents Section below). This will allow you to create E-Verify cases for temporary employees that the agency provides. You will need access to the employee’s Form I-9 in order to enter the employee’s information into E-Verify.

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If you are not currently enrolled in E-Verify, during enrollment, you must designate every hiring site at which you will:

  1. Hire new employees, and/or
  2. Verify existing employees.

If you are already enrolled in E-Verify and your company has been using E-Verify at only certain hiring sites, you must now designate all of your company’s hiring sites. You must also update your ‘Site Verification’ page as discussed in the E-Verify User Manual for Employers.

 

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