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. 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.

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A NACI is the minimum level of investigation required of federal employees as a condition of employment with the federal government. The individual or organization responsible for issuing security clearances or credentials to your employees determines whether such items meet the requirements in the National Industrial Security Program Operating Manual (NISPOM) (PDF).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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The contractor and any covered subcontractors must enroll in E-Verify within 30 calendar days of the award date of a contract or subcontract that contains the FAR E-Verify clause.
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