USCIS responds to frequently asked questions about the rule requiring federal contractors to enroll in E-Verify. These November, 2008 FAQs include:
  • What is E-Verify, how does it work, and why do federal contractors have to enroll in E-Verify?
  • As a current or prospective federal contractor, am I required by the final rule to enroll in E-Verify now?
  • My company was just awarded a federal contract and the rule is now in effect. When is my company required to enroll in E-Verify?
  • How do I enroll my company in E-Verify?
  • The proposed FAR rule would require federal contractors to use E-Verify for both new hires and existing employees who work on a new federal contract. Does the federal government use E-Verify (or otherwise verify work authorization) for both new hires and existing employees?
  • How much will it cost my company to enroll in E-Verify?
  • My company is required to use E-Verify as a federal contractor for the first time. How do I proceed?
  • My company enrolled in E-Verify, but did not enroll us as a federal contractor. Does my company need to re-enroll to comply with this rule?
  • My company has already been using E-Verify for more than 90 days. When must we begin verifying existing employees assigned to work on a federal contract that contains the FAR E-Verify clause?
  • My company's federal contract has ended. May we continue to use E-Verify?
  • My company's Federal contract has ended. Do we need to notify USCIS if we no longer want to participate in E-Verify?
  • What is the E-Verify clause?
  • What is the acquisition threshold for this rule?
  • Does the rule apply to subcontracts?
  • Does the rule extend to contracts outside the United States?
  • Does the rule apply to existing indefinite-delivery/indefinite-quantity contracts?
  • What types of prime contracts are exempt from the rule?
  • What is considered to be a COTS item?
  • Are contracts for agricultural and food products exempt from the rule?
  • As a federal contractor, which employees may I verify through the E-Verify system?
  • What is an "employee assigned to the federal contract"?
  • My employee is working on a contract for a minimal amount of time. Is he or she subject to E-Verify?
  • One of my employees was run through E-Verify by a previous employer. Do I need to run this employee through E-Verify again?
  • One of my employees was previously run through E-Verify by my company. Do I need to run this employee through E-Verify again?
  • Must I verify all new employees? What are the exceptions to this requirement?
  • What employees are not considered to be directly performing work under a contract and therefore excluded?
  • My employee has been previously confirmed as work authorized through E-Verify but is moving to another contract. Do I need to run him or her through E-Verify again?
  • Are there any exceptions to verify employees with certain credentials and security clearances?
  • Can my subcontractor verify under my MOU?
  • May I verify my entire workforce?
  • The final rule instructs me that I must notify the Department of Homeland Security if I plan to verify my entire workforce. How do I do this?
  • Is the employee required to provide his or her SSN on the Form I-9?
  • May I use E-Verify prior to making a job offer to a job applicant?
  • Does participation in E-Verify provide safe harbor from work site enforcement?
  • If my company participates in E-Verify, are we required to notify applicants of our participation?
  • Where can I find additional resources?
Attachments
uscis_e_verify_q_a_for.pdf