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What types of federal contracts are exempt from the E-Verify federal contractor rule?

A contract is considered exempt if any of the following apply:

  • It is for fewer than 120 days
  • It is valued at or below $150,000;
  • All work is performed outside the United States; or
  • It includes only commercially available off-the-shelf (COTS) items and related services

An employer may voluntarily enroll in E-Verify at any time. However, the employer may not create cases for existing employees unless the employer holds a federal contract that includes the FAR E-Verify clause and is enrolled in E-Verify as a Federal Contractor with the FAR E-Verify clause.

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