What is E-Verify?
E-Verify is a free internet-based system operated by the United States Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA) that allows employers to verify an employee’s authorization to work in the U.S. E-Verify allows an employer to check electronically the information required to complete an employee’s Form I-9 against records contained in the Department of Homeland Security (DHS) and SSA databases. E-Verify does not replace the Form I-9 requirements.
What is an E-Verify Clause?
Federal contracts awarded and solicitations issued pursuant to the Federal Acquisition Regulations after September 8, 2009 will include an E-verify clause requiring government contractors to enroll in the E-Verify program.
What are E-Verify Requirements?
A system member winning a bid on a federal contract or subcontract that has an E-Verify clause is required to enroll in the E-Verify program within 30 calendar days of the contract award date. There are three options for enrolling in E-Verify:
- A system member may enroll in E-Verify and elect to verify the employment eligibility of their entire workforce;
- A system member may enroll in E-Verify as a federal contractor and elect to verify the employment eligibility of all employees assigned to the contract and all new hires (i.e. any employee hired after the contract award date), whether they work under the contract or not; or
- A system member may enroll in E-Verify as a federal contractor and elect to verify the employment eligibility of only those employees assigned to the contract.
The choice may vary depending on the circumstances of each system member.
Who are “Employees Assigned to the Contract”?
“Employees assigned to the contract” are employees performing work in the United States directly under a contract containing the E-Verify clause. An employee is not performing work directly under a contract if the employee normally performs support functions, or indirect or overhead functions, such as secretarial, janitorial or administrative services, and such employee is not performing substantial duties applicable to the contract.
Why are System Members Required to Comply?
Non-compliance with E-Verify requirements may result in potential fines or the suspension or debarment of a System member’s federal contracts.
Who to Contact?
If you have any questions regarding the E-Verify program, please contact your E-Verify representative.