E-Verify: Federal Contractors
M&C may contact an E-Verify participant for a desk review if our records show a participant appears to be experiencing difficulties or issues when using E-Verify. Participants selected for a desk review receive a telephone call or an email from M&C. The desk review provides an opportunity for participants to discuss difficulties or issues with E-Verify with M&C.
Yes, your company may continue to use E-Verify after the federal contract has been fulfilled. However, you must update your company profile through the Maintain Company page to indicate Federal Contractor without FAR E-Verify Clause.
If you choose to terminate your use of E-Verify for a period of time, and then re-enroll at a later time, you are not permitted to verify existing employees until you receive another contract that contains the FAR E-Verify clause and enroll as a Federal Contractor with the FAR E-Verify Clause.
If you are an organization that qualifies for an exception that allows you to only verify new hires assigned to the Federal contract, once you update your company profile to indicate Federal Contractor without FAR E-Verify Clause, you will no longer qualify for that exception. You will be required to verify all newly hired employees.
For information on certain organizations that qualify for exceptions, as well as instructions on updating your company profile, see the Supplemental Guide for Federal Contractors (PDF, 378 KB). For information on terminating your participation in E-Verify, see the E-Verify User Manual for Employers.
The E-Verify federal contractor rule requires federal prime contractors with the FAR E-Verify clause to require their subcontractors to use E-Verify when:
- The subcontract is for commercial or noncommercial services or construction
- The subcontract has a value of more than $3,000
- The subcontract includes work performed in the United States
- Subcontractors who are only suppliers, however, are not subject to the E-Verify Federal contractor rule.
The prime contractor should provide general oversight to subcontractors to ensure they meet the E-Verify requirement. Prime contractors may be subject to fines and penalties if they knowingly continue to work with a subcontractor who is in violation of the E-Verify requirement. The prime contractor must, by whatever means the contractor considers appropriate, ensure that all covered subcontracts at every tier incorporate the FAR E-Verify clause at FAR 52.222-54. For more information on subcontractors, see the Supplemental Guide for Federal Contractors (PDF, 378 KB).
To provide proof of enrollment in E-Verify follow the steps below:
- Click ‘Edit Company Profile’ from the E-Verify home page.
- E-Verify will display all of your company’s information – the company name, company ID number, address, etc.
- Print the page using your browser’s print option and use it as proof of enrollment in E-Verify.
Yes, employees hired on or before November 6, 1986, and still in continuous employment with an employer, are exempt from the Form I-9 requirement and are therefore exempt from the FAR E-Verify requirement.
A contract is considered exempt if any of the following apply:
- It is for fewer than 120 days
- It is valued at less than $150,000, the simplified acquisition threshold
- All work is performed outside the United States
- It includes only commercially available off-the-shelf (COTS) items and related services
No, the E-Verify federal contractor rule applies only to employees working in the United States, which includes the 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands (CNMI).
The E-Verify federal contractor rule requires federal contractors to enroll in E-Verify only if they are awarded contracts or have existing Indefinite Delivery/Indefinite Quantity (IDIQ) contracts that are bilaterally modified to contain the FAR E-Verify clause on or after September 8, 2009.
If you have already enrolled in E-Verify and you are awarded a federal contract containing the FAR E-Verify clause on or after September 8, 2009, you must update your Company Information page to designate yourself as a Federal contractor with FAR E-Verify clause and take a federal contractor tutorial. For more information on enrolling in E-Verify, or, for existing users updating your enrollment status, see the E-Verify User Manual for Federal Contractors (PDF, 4.91 MB).
On June 11, 2008, President George W. Bush amended Executive Order 12989 directing all Federal departments and agencies to require federal contractors with a federal contract that contains the FAR E-Verify clause to use E-Verify to verify the employment eligibility of employees performing work under a qualifying federal contract. On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a Federal Acquisition Regulation (FAR) final rule (FAR case 2007-013, Employment Eligibility Verification) that implements the amended Executive Order 12989.
The E-Verify federal contractor rule requires the insertion of the FAR E-Verify clause into applicable federal contracts. The clause requires federal contractors to use E-Verify for their new hires and all employees (existing and new) assigned to a federal contract. Beginning September 8, 2009, federal contracts may contain the FAR E-Verify clause.