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. Subject to certain exceptions or exemptions that apply to some organizations and employees, you may choose to verify your entire existing workforce. For specific information on Form I-9 and E-Verify requirements for this option, as well as how to notify DHS of your decision to verify your entire workforce, see the E-Verify Supplemental Guide for Federal Contractors.

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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.

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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.

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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.

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Identify the employee’s original hire date by reviewing the previously completed Form I-9. Enter the original hire date into Section 2 of the new Form I-9 and use this date when you begin an E-Verify case. Retain the previous Form I-9 with the new Form I-9. Note that if the employee was hired on or before November 6, 1986, and has continued in employment with you since that time, he or she was not required to complete Form I-9. These employees are not required to complete a new Form I-9 now and are exempt from E-Verify.
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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.

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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 .

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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.

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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.

 

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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.

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