Workers assigned to a federal contract that contains the FAR E-Verify clause must be verified in E-Verify. The staffing agency must verify the employment authorization of workers it places in a pool to be referred to an assignment.
You must ensure that the staffing agency verified your temporary workers in E-Verify by contacting the staffing agency. Staffing agencies can also provide proof of enrollment in E‑Verify to employers by printing the screen on their Company Information page in E-Verify.
If you prefer to verify temporary employees yourself, you may choose to enroll as an E-Verify Employer Agent (See E-Verify Employer Agents Section below). This will allow you to create E-Verify cases for temporary employees that the agency provides. You will need access to the employee’s Form I-9 in order to enter the employee’s information into E-Verify.
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.
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.
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.
E-Verify cases may only be created using information from your Human Resources database if that information was taken directly from the employee’s Form I-9.
If a company is already enrolled in E-Verify as a federal contractor with a federal contract containing the FAR E-Verify clause and receives a subsequent federal contract that also contains the FAR E-Verify clause, the company must continue to create E-Verify cases for newly hired employees within three business days of their start date. However, the company will have 90 days from the award date of the subsequent contract to create an E-Verify case for existing non-exempt employees working on the subsequent contract.
The additional 90-day period to verify existing employees does not apply to companies that had chosen to verify their entire workforce when they entered into the initial federal contract with the FAR E-Verify clause. Also, if they had not already done so, companies do not receive an additional 30 days to enroll or update their company profiles since they enrolled as a ‘Federal contractor with FAR E-Verify clause’ when the initial federal contract containing the FAR E-Verify clause was awarded.
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.
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.