E-Verify FAR: Employees Affected by the Rule
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, consult your legal counsel and/or contracting official.
No. Employees are not exempt based on the intermittent nature of the work or the length of time spent performing the work.
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.
Yes. Employees hired on or before November 6, 1986, and still in continuous employment with the employer are exempt from the FAR E-Verify requirement.
No. You do not need to create a case in E-Verify for employees previously verified in E-Verify and continuing in employment with the same employer (and who do not fall within another exception that would justify re-verification with E-Verify). For more information on employees exempt from the FAR E-Verify clause, see E-Verify Supplemental Guide for Federal Contractors.