US Citizenship and Immigration Services
Federal Contractors Frequently Asked Questions (FAQs)
1. As a current or prospective Federal contractor, am I required by the Executive Order or the proposed rule to enroll in E-Verify now?
Not at this time. At this time, the E-Verify program remains a voluntary program for employers, including federal contractors. The Executive Order instructs Federal agencies to require contractor participation in E-Verify as a term of future contracts, and the proposed rule provides detailed guidance on how that requirement is to be implemented. However, the proposed rule is not a final rule; it is a proposal that is open for public comment at this time. There may be substantive changes to the rule before it becomes final. Moreover, the final rule will not be effective until 30 days after publication. Under the proposed rule, you would only be required to enroll in E-Verify if and when you enter into a Federal contract or subcontract that requires participation in E-Verify as a term of the contract. Although Federal Contractors are not yet required to participate in E-Verify, you are encouraged to enroll in E-Verify now to verify the employment eligibility of your new hires.
2. What are the responsibilities of Federal Contractors who choose to participate in E-Verify?
The responsibilities of all employers that use E-Verify currently can be found in the Memorandum of Understanding (MOU) that sets forth the legal obligations and responsibilities of employers. The "E-Verify MOU" is available for review at the bottom of this page. It is important for all employers to recognize that staff that uses E-Verify must be thoroughly trained in appropriate E-Verify procedures and policies. The failure to use the program appropriately may lead to liability for the company, including back wages for employees who have been subject to adverse action, and expulsion from the program.
Once the proposed amendments to the Federal Acquisition Regulation have been finalized, we anticipate that the responsibilities of Federal Contractors participating in E-Verify will change in accordance with the final FAR rule. A proposed MOU specific to the requirements of the proposed FAR rule can be viewed on the regulatory docket. Upon issuance of a final rule, the E-Verify website will contain updated information specifically designed to assist federal contractors covered by the final rule, and their employees. This material will include the revised MOU that covers affected government contractors, and frequently asked questions and answers.
For access to the docket to read background documents or comments received, go to the Regulations.gov listed under"Related Links" on the right side of this page.
3. Which employees may I verify through the E-Verify system?
As a voluntary participant in the E-Verify Program, all employers are required to verify all new hires at designated sites, following completion of the Employment Eligibility Verification Form I-9 (Form I-9). The proposed FAR rule covers verification of existing employees when they are assigned to work on a covered Federal contract. However, until such time as the FAR rule is deemed final and effective, employers are prohibited from verifying or re-verifying current employees through E-Verify.
4. May I run an existing employee through E-Verify at this time?
No. All employers are prohibited from running existing employees through E-Verify at this time. The proposed FAR rule is subject to comment from the public, consideration of these comments by the government, and subsequent issuance of a final rule in the Federal Register with a stated effective date. Until the FAR rule is published in the Federal Register as a final rule, existing program rules apply to all employers using the program. Under the proposed FAR rule, only those employers that are awarded a contract with the Federal Government that includes the contract term required by the final FAR rule may run existing employees through E-Verify, and then, only if such employees work on the covered contract.
5. Why should I consider participating in E-Verify?
E-Verify is currently the only means available for employers to electronically verify the employment eligibility of hew hires. E-Verify helps protect jobs for authorized U.S. workers and helps U.S. employers maintain a legal workforce.
6. How does E-Verify work?
E-Verify is an Internet-based system operated by the U.S. Citizenship and Immigration Services that allows employers to electronically verify the employment eligibility of all newly hired employees, regardless of citizenship. Based on the information provided by the employee on their Form I-9, E-Verify electronically checks this information against records contained in Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.
7. How do I begin using E-Verify?
Before you can start using E-Verify, you need to enroll your company in the program. When you enroll your company, you will be asked to provide basic contact information for your company and agree to follow the rules of the program. At the end of the enrollment process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you the Federal Contractor, the SSA, and DHS.Select the "E-Verify Registration" link listed under"Related Links" on the right side of this page to begin the enrollment process for your company.
Once you have completed the enrollment process, USCIS will review your information and activate your account. After the account is activated, you will receive an email with your logon instructions, user identification, and password.
8. May I use E-Verify prior to hiring a job applicant?
No. All users, including federal contractors, are prohibited from using E-Verify prior to hiring an applicant. By signing the MOU to participate in E-Verify, all employers agree not to use E-Verify for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by the MOU. Should the employer use E-Verify procedures for any purpose other than as authorized by the MOU, the employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information.
9. What information is required to conduct an initial verification using E-Verify?
All new hires are required to complete the Form I-9 before an E-Verify query is conducted. Federal Contractors, who are enrolled participants, must submit a query that includes information from sections 1 and 2 of the Form I-9, including:
a) Employee's name and date of birthb) Social Security Number (SSN)c) Attested citizenship status (US Citizen, Lawful Permanent Resident, or Alien Authorized to Work)d) Alien number or I-94 number, if applicablee) Type of document presented for the Form I-9 to establish identity and/or work eligibility statusf) In some cases the document number and expiration date
Note that recently admitted asylees and refugees may not have a Social Security number at the time of hire; for those cases, the employer should run the person through E-Verify after the employee has received their number from the Social Security Administration.
10. What is the required timeframe for conducting an employment eligibility check through E-Verify on a newly hired employee?
The earliest the employer may initiate a query is after an individual accepts an offer of employment and after the employee and employer complete the Form I-9. For newly hired employees, the employer must initiate the query no later than three business days after the newly hired employee starts work for pay. [To see all of the questions and answers, go to: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=00ccb85299d6a110VgnVCM1000004718190aRCRD&vgnextchannel=75bce2e261405110VgnVCM1000004718190aRCRD ]
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