If a prime contractor’s federal contract contains the FAR E-Verify clause, the provisions of that clause are applicable to all tiers of covered subcontracts. Consult your prime contractor to provide you with general oversight and let you know if the prime contract and your subcontract are subject to the FAR E-Verify clause. The criteria for including the E-Verify clause in subcontracts is found at paragraph 52.222-54(e) of the E-Verify clause. For more information, consult your legal representative. For information on subcontractors’ E-Verify responsibilities, see the E-Verify Supplemental Guide for Federal Contractors.
No. Existing employers that have already signed an MOU do not need to sign a new one. If you receive a federal contract that contains the FAR E-Verify clause, you must go to your ‘Maintain Company’ page to update your company profile to ‘Federal Contractor with FAR E-Verify clause’. All E-Verify-enrolled companies must comply with the terms of the current MOU. We recommend that you review the current MOU to ensure your company complies with any new terms.
Depending on when your company enrolled in E-Verify, the MOU that your company originally signed may not contain the new federal contractor-specific terms. All E-Verify-enrolled companies must comply with the terms of the current MOU. We recommend that you review the current MOU to ensure your company complies with any new terms.
No. You and your general users are only required to take the federal contractor tutorial once after you update the first client to Federal Contactor with FAR E-Verify clause. As is the case with other users, you may also later be required to take additional training after system upgrades or for other reasons.
No. You do not need to create a case in E-Verify for employees previously verified in E-Verify and continuing in employment with the same employer (and who do not fall within another exception that would justify re-verification with E-Verify). For more information on employees exempt from the FAR E-Verify clause, see E-Verify Supplemental Guide for Federal Contractors .
You are not required to verify the employee in E-Verify if his or her security clearance was active for at least one day during the time period in which you were required to initiate verification.
All cases initiated within the 90-day timeframe meet the time requirement for the FAR. Case completion times may vary and fall outside the 90-day period. Once you receive a final case result from E-Verify, you must close the case.
The FAR contractor’s obligations in the MOU, including the requirement to use E-Verify, require the contractor to complete the verification of all employees within 180 days and that obligation is entered into in addition to any obligations for performance under the contract even if those are completed prior to 180 days.
Yes. Foreign companies with employees working in the United States under a federal contract with the FAR E-Verify clause must complete Form I-9 and use E-Verify for non-exempt employees. USCIS only allows companies located in the United States to enroll in E-Verify. In order to use E-Verify, foreign employers would need to have a presence in the United States. For example, the company could establish a U.S. address or name its prime contractor, if the foreign company is a subcontractor, as its E-Verify employer agent.
