Existing employees assigned to a federal contract are bound by the FAR E-Verify clause. Employees are only considered assigned to a contract if they are directly performing work under the federal contract. An employee is not considered to be directly performing work under the contract if the employee normally performs support work, such as indirect or overhead functions, and does not perform any substantial duties under the contract. E-Verify is not able to make this determination for you. For more information, please consult your legal counsel and/or contracting official.
If you have previously verified this employee in the E-Verify system, you may not do so again. However, if the previous verification in E-Verify was done by another employer, you must verify this employee in E-Verify. For more information on employees exempt from the FAR E-Verify clause, see the Supplemental Guide for Federal Contractors.
Are F-1 students who attend a university that is enrolled as a Federal contractor eligible for the 17-month F-1 OPT STEM extension?
For an F-1 OPT STEM student to be eligible for the 17-month extension, the university, as an employer, need only be enrolled in E-Verify. It does not matter how the university enrolls. Employees are eligible for the 17-month OPT STEM extension whether the university enrolls as an employer, a Federal contractor without the E-Verify clause, or a Federal contractor with FAR E-Verify clause. All E-Verify participants will receive an E-Verify ID number that an F-1 OPT STEM student requires when filing Form I-765, Application for Employment Authorization.
No. The rule does not exempt employees based on the intermittent nature of the work or the length of time spent performing the work. Note that this employee must complete Form I-9 and be verified through the E-Verify system.
If your organization has a Federal contract with the FAR E-Verify clause and wants to hire students on a STEM extension, you must enroll in E-Verify and use E-Verify for all new hires, not just a student on a STEM extension.
Since you are an organization that is an institution of higher education, you must enroll in E-Verify and verify the employment authorization of your existing and new employees assigned to the Federal contract, but not all newly hired employees. However, your organization may choose to use E-Verify for all new hires. If your organization is both a Federal contractor and wishes to hire F-1 OPT STEMs, it must verify all new hires plus existing employers assigned to the Federal contract as required by the Federal contractor rule.
Yes. Employees hired on or before November 6, 1986, and still in continuous employment, cannot be verified in E-Verify. The Immigration Reform and Control Act of 1986 (IRCA) does not allow employers to complete Forms I-9 for these employees. As a result, the FAR also excludes employees hired on or before November 6, 1986.
Form I-9, Employment Eligibility Verification, is the basis for E-Verify. Since Form I-9 cannot be completed for these employees, you cannot perform an E-Verify query on these employees.
No. The student does not need to be assigned to a Federal contract with the E-Verify clause to be eligible for the 17-month extension. The student still must meet the OPT eligibility criteria regardless of how the university is enrolled.