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Is a foreign company with employees working in the United States under a federal contract with the FAR E-Verify clause required to use E-Verify for non-exempt employees?

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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