SUPPLEMENTAL GUIDE FOR FEDERAL CONTRACTORS

3.2 DEADLINES FOR ENROLLMENT AND VERIFYING EMPLOYEES

Companies New to E-Verify

If your company is not yet enrolled in E-Verify, you must:

  • Enroll in E-Verify as a federal contractor with Federal Acquisition Regulation (FAR) E-Verify clause within 30 calendar days of the award date of a contract that contains the FAR E-Verify clause. For an overview of the enrollment process, see Section 8.
  • Begin verifying all newly hired employees within 90 calendar days of your enrollment date unless you are an organization that qualifies for an exception as described in Section 4 of this guide.
  • Create E-Verify cases for all existing employees assigned to the qualifying contract within 90 calendar days of enrolling in E-Verify or 30 calendar days of the employee’s assignment to the contract, whichever date is later.
  • When E-Verify asks you which employees you will verify, the selection you make will affect the 180-day time period for verifying all existing employees. If you select ‘Entire workforce,’ you must create cases for all existing employees within 180 calendar days. If you have selected to verify your ‘Entire workforce,’ but have not yet begun verifying your existing employees, you may change your selection to ‘All new hires and all existing employees assigned to a federal contract.’ However, if you have begun verifying your existing employees then you are not permitted to change your selection. For more information, see Section 8.

Figure 3: Deadlines for New Participants with the FAR E-Verify Clause

Figure 3: Deadlines for New Participants with FAR E-Verify Clause

Companies Already Participating in E-Verify

If your company is already enrolled in E-Verify, but not designated as a federal contractor with FAR E-Verify clause in E-Verify, you must:

  • Update your company information by selecting the ‘Edit Company Profile’ link on the left navigation menu. You must change your organization designation to ‘Federal Contractor with FAR E-Verify Clause’ within 30 calendar days of the award date of a new federal contract that contains the FAR E-Verify clause. For more information, see Section 9. Do not re-enroll in E-Verify, as this will create a duplicate account in E-Verify.
  • Begin using E-Verify at all of your company’s hiring sites where you will be verifying any existing employees. For more information, see Section 9.4.
  • Verify new hires no later than the third business day after they start work for pay. If you are already verifying new hires under the memorandum of understanding (MOU), you must continue to do so.
  • Create cases for all existing 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 or 30 calendar days of the employee’s assignment to the contract, whichever date is later.
  • Select the appropriate employees to verify. When E-Verify asks you which employees you will verify, the selection you make will affect the 180-day time period for verifying all existing employees. If you select ‘Entire workforce,’ you must create cases for all existing employees within 180 calendar days. If you have selected to verify your entire workforce, but have not yet begun verifying your existing employees, you may change your selection to ‘All new hires and all existing employees assigned to a Federal contract.’ However, if you have begun verifying your existing employees then you are not permitted to change your selection.

Figure 4: Deadlines for Existing E-Verify Participants

Figure 4: Deadlines for Existing E-Verify Participants

Subsequent Federal Contracts

If a company is:

  • Already enrolled in E-Verify as a federal contractor with FAR E-Verify clause

and

  • Receives a subsequent federal contract with the FAR E-Verify clause,

The company must continue to create cases for newly hired employees within three business days of their start date.  However, the company will have 90 calendar days from the award date of the subsequent contract to create E-Verify cases for existing non-exempt employees working on the subsequent contract.

The additional 90-day period does not apply to companies that have chosen to verify their entire workforce.  Companies also do not receive an additional 30 calendar days to enroll or update their company profile since they enrolled as a federal contractor with the FAR E-Verify clause when the initial federal contract with FAR E-Verify clause was awarded.

Figure 5: Federal Contractor with FAR E-Verify Clause Enrollment and Verification Deadlines

Note: Some employees are completely exempt from the E-Verify requirement, and some organizations are not required to verify all new hires. For more information, see Sections 3.3, 4 and 5.

  When do I enroll in E-Verify? When do I verify new hires? When do I verify existing employees assigned to a contract? When do I verify all existing employees if I choose to do so?
New E-Verify Users

Within 30 calendar days of award or modification of a contract that contains the FAR E-Verify clause.

When you enroll, select ‘Federal Contractor with FAR E-Verify Clause’ when prompted in E‑Verify.

Begin using E-Verify to create cases for all of your new hires within 90 calendar days of enrolling in E‑Verify and selecting which employees you will verify. *

Note: Consider any employees you hire before you make this selection in E-Verify to be existing employees for purposes of E-Verify.

Create cases for all existing employees assigned to a contract within 90 calendar days of enrolling in E-Verify and selecting which employees you will verify.*

OR

Within 30 calendar days of the employee’s assignment to a contract, whichever date is later.

Create cases for all existing employees, regardless of whether they are assigned to a federal contract, within 180 calendar days of enrolling in  E-Verify and selecting ‘Entire Workforce’ when asked which employees you will verify.*

Existing
E-Verify Users

Do NOT re-enroll. 

Within 30 calendar days update your ‘Edit Company Profile’ page in
E-Verify to reflect ‘Federal Contractor with FAR E-Verify Clause.’

Create cases for all of your new hires within 90 calendar days of updating your  ‘Edit Company Profile’ page and selecting which employees you will verify.*

Note: Consider any employees you hire before you make this selection in E-Verify to be existing employees for purposes of E-Verify.

Create cases for all existing employees assigned to a contract within 90 calendar days of updating ‘Edit Company Profile’ page and selecting which employees you will verify.

OR

Within 30 calendar days of employee’s assignment to a contract, whichever date is later.

Create cases for all existing employees, regardless of whether they are assigned to a federal contract, within 180 calendar days of selecting ‘Entire Workforce’ when updating the ‘Edit Company Profile’ page.

*Create cases for all newly hired employees no later than the third business day after they start work for pay.

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