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        Federal Contractors and E-Verify
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1.    Does participation in E Verify provide safe harbor from worksite enforcement     No  Using E Verify creates a rebuttable presumption that your company has not  knowingly hired an unauthorized alien  However employers may face civil and  criminal liability if based upon the totality of the circumstances it can be established  that they knowingly hired or continued to employ unauthorized workers   Participation in E Verify does not provide a safe harbor from worksite enforcement   If my company participates in E Verify  must we notify applicants of our  participation    Yes  You must post the notice provided by DHS indicating your company   s  participation in E Verify as well as the anti discrimination notice issued by the Office  of Special Counsel for Immigration Related Unfair Employment Practices at the  Department of Justice in a prominent place that is clearly visible to prospective  employees and all employees who are to be verified through E Verify  Once you are  enrolled  and able to log into E Verify  these notices can be found in the Online  Resources section     My company   s Federal contract has ended  May we continue to use E Verify   Yes  Your company may continue to use E Verify after the Federal contract has been  fulfilled  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  then re enroll   you will be un
2.  Company Administration page to  Federal Contactor with FAR E Verify clause     Must Designated Agents take the E Verify tutorial for Federal contractors     Yes  All of your program administrators and general users must complete a Federal  contractor specific tutorial and pass a mastery test before they can access E Verify  again  When Designated Agents update one of their clients to Federal Contactor  with FAR E Verify clause in your Client Company Administration page  they  must take a refresher tutorial     I am a Designated Agent with several clients that were just awarded Federal  contracts that contain the FAR E Verify clause  Will I be required to take a  refresher tutorial every time I update my clients    information on my Client  Company Administration page     No  You are only required to take the refresher tutorial once after updating just one  client to Federal Contactor with FAR E Verify clause on your Client Company  Administration page     Can a subcontractor use a Designated Agent that is not the prime contractor     Although prime contractors may act as the Designated Agent  subcontractors are not  limited to this relationship  Subcontractors may choose another Designated Agent to  perform E Verify duties     Can a Designated Agent process E Verify queries for other Designated Agents     No  The Designated Agent relationship is formed by three parties  These parties are  listed on the Designated Agent and Designated Agent Client MOUs  The Designated  Agent 
3.  Verify  or  for existing users updating your enrollment status  see the E   Verify User Manual for Federal Contractors     How do I enroll my company in E Verify     You must enroll your company before you can start using E Verify  To do so  you  must provide your company   s basic contact information and agree to follow the rules  of the program  After enrolling  you must sign a Memorandum of Understanding   MOU  that provides the terms of agreement between your company and DHS     Please click click on the  E Verify Registration  link in the right hand column on this  page to enroll your company  For specific instructions on how to enroll  see the E   Verify User Manual for Federal Contractors and Supplemental Guide for Federal  Contractors found on this Web site     Once you have enrolled  E Verify will review your information and activate your  account  After the account is activated  you will receive an e mail with your login    instructions  user ID  and password     My company was just awarded a Federal contract and the E Verify Federal  contractor rule is now in effect  How soon must my company enroll in E Verify     The contractor and any covered subcontractors must enroll in E Verify within 30  calendar days of the award date of a contract or subcontract that contains the FAR E   Verify clause     I am a Federal contractor with the FAR E Verify clause  Which sites must I  designate as hiring sites in E Verify     If you are not currently enrolled in E Verify and ar
4.  enrolled in E Verify  how do I provide proof of my participation     To provide proof of enrollment in E Verify    Step 1  Click Maintain Company from the E Verify home page    Step 2  E Verify will display all of your company   s information     the company  name  company ID number  address  etc    Step 3  Print the page using your browser   s print option and use it as proof of  enrollment in E Verify     I am an existing E Verify participant who has recently received a Federal  contract that contains the FAR E Verify clause  Will I need to sign a new  Memorandum of Understanding  MOU  for Federal contractors     No  Do not re enroll in E Verify to obtain the new MOU  Existing employers that  have already signed an MOU are not required to re sign a new one  If you receive a  contract that contains the FAR E Verify clause  you should update your status in E   Verify to Federal Contractor with FAR E Verify clause  Additionally  for your  reference  you should go to the Federal Contractor page by clicking  Information for  Federal Contractors  link on the left side of this page to obtain a copy of the MOU  with the information for Federal contractors     I am an existing E Verify participant who signed an MOU that does not contain  language specific to Federal contractors with the E Verify clause  What do I  need to do     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    Depending on when your company enrolled in E Verify  the MOU that your  company signed may
5.  not contain the new Federal contractor specific terms  All E   Verify enrolled companies must comply with the terms of the latest MOU  We  recommend that you review the current MOU to ensure your company complies with  any new terms  To read the new MOU  go to the    Information for Federal  Contractors    link on the left side of this page     Is the MOU that is issued to Federal contractors that have a contract that  contains the FAR E Verify clause the same one that is signed by other  employers     Yes  The current MOU is applicable to both Federal contractors that are subject to the  FAR E Verify clause and other employers     I am a Federal contractor with the FAR E Verify clause  May I verify my entire  workforce     Yes  Subject to certain exemptions that apply to certain organizations and employees   you may choose to verify your entire existing workforce  You must notify DHS if  you choose to verify your entire workforce  For specific information on Form I 9 and  E Verify requirements  as well as how to notify DHS of your decision  see the E   Verify User Manual for Federal Contractors and the Supplemental Guide for Federal  Contractors     My company enrolled in E Verify  but did not enroll as a    Federal contractor  with FAR E Verify clause     Does my company need to re enroll to comply with  the E Verify Federal contractor rule     No  You do not need to enroll again  but you will need to update your company  profile to Federal contractor with FAR E Verify cla
6.  the employer  or Federal contractor  and DHS  The Designated Agent may not  delegate duties to a person or entity that is not party to the contract  These situations  would raise security problems and privacy concerns  as well as training difficulties     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    Why must an employer make copies of supporting documents when the Photo  Matching tool is not available to Designated Agents     Although the Photo Matching tool is not yet available to Designated Agents  this  feature will soon be added  E Verify requires that Designated Agents follow all E   Verify system requirements  which include making photocopies of supporting  documents     WEB SERVICES    What is Web Services  If I chose to enroll using this access method  will I be  able to comply with the time requirements in the FAR     The Web Services Access Method requires a company to develop software that  interfaces with USCIS to perform employment eligibility verifications of newly hired  employees  Your company   s software will extract data from your existing system or  an electronic Form I 9 and transmit the information to government databases  If you  choose this option  you will be sent the Employer Web Services Interface Control  Document  ICD   The ICD contains the information you need to develop and test  your software interface  Note that adopting Web Services requires a significant  amount of time and financial investment to develop  test and imple
7.  tutorial that takes less than 30 minutes to complete     SUBCONTRACTORS AND AFFILIATES    Does the rule apply to subcontracts     The E Verify Federal contractor rule requires certain Federal prime contractors with  the FAR E Verify clause to require their subcontractors to use E Verify when     1  The prime contract includes the FAR E Verify clause   2  The subcontract is for commercial or noncommercial services or construction  3  The subcontract has a value of more than  3 000   4  The subcontract includes work performed in the United States    Subcontractors who are suppliers 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  The prime contractor may be subject to fines and  penalties if it knowingly continues 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     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    Can USCIS identify which subcontractors are subject to the FAR requirements     No  The E Verify system does not distinguish between a prime contractor and a  subcontractor  It only differentiates between Federal cont
8. ESI GNATED AGENTS  What is a Designated Agent     A Designated Agent is an E Verify service provider  The Designated Agent uses E   Verify to verify the employment authorization for their clients    employees     What must a Designated Agent do to verify the employees of a Federal  contractor with a contract that contains the FAR E Verify clause     After your client signs a Designated Agent Client MOU  you must update your  Client Company Administration page to indicate that your client is a Federal  contractor with FAR E Verify clause  You must also enter your Client   s  Organization Designation as well as update the Client   s Federal Contractor  Category page with the correct information  For more information  see the E Verify  User Manual for Federal Contractors     What if a Designated Agent receives a contract with the FAR E Verify clause   How would a Designated Agent verify its own employees     Designated Agents may verify their employees in one of two ways     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    e Enroll in E Verify by signing a separate Memorandum of Understanding   MOU  as an employer  If a Designated Agent is already enrolled as an  employer  it must update its status in E Verify to reflect the new status of  Federal Contactor with FAR E Verify clause    e Register your own company as a client on the Client Company  Administration page  If the Designated Agent is already enrolled as a client   it must update its status on the Client
9. F 1 students who attend a university that is enrolled as a Federal contractor  eligible for the 17 month F 1 OPT STEM extension     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    For an F 1 OPT STEM student to be eligible for the 17 month extension  the  university  as an employer  need only be enrolled in E Verify  It does not matter how  the university enrolls  Employees are eligible for the 17 month OPT STEM  extension whether the university enrolls as an employer  a Federal contractor without  the E Verify clause  or a Federal contractor with FAR E Verify clause  All E   Verify participants will receive an E Verify ID number that an F 1 OPT STEM  student requires when filing Form I 765  Application for Employment Authorization     I am a university that has a Federal contract with the FAR E Verify clause but I  have not yet enrolled in E Verify  I have one or more employees who are F 1  OPT STEM students who are seeking a 17 month extension of their OPT status   Do I need verify these employees in E Verify     If your organization has a Federal contract with the FAR E Verify clause and wants  to hire students on a STEM extension  you must enroll in E Verify and use E Verify  for all new hires  not just a student on a STEM extension     Since you are an organization that is an institution of higher education  you must  enroll in E Verify and verify the employment authorization of your existing and new  employees assigned to the Federal contract  but not a
10. Frequently Asked Questions  Federal  Contractors and E Verify  Revised  November 2009     FEDERAL CONTRACTOR RULE OVERVIEW  What is E Verify  How does it work  Why do Federal  contractors have to enroll in E Verify     E Verify is a free  Internet based system operated by the Department of Homeland  Security  DHS   U S  Citizenship and Immigration Services  USCIS  in partnership  with the Social Security Administration  SSA  that allows employers to verify the  employment authorization of their employees  Based on the information provided by  the employee on his or her Form I 9  E Verify checks this information electronically  against records contained in DHS and SSA databases     On June 11  2008  President George W  Bush amended Executive Order 12989 to  direct 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     FEDERAL CONTRACTS AFFECTED BY THE RULE  What is the FAR E Verify clause     The E Verify Federal contractor rule requires the insertion of the FAR E Verify  clause into applicable Federal c
11. Y MODIFIED TO INCLUDE THE FAR E   VERI FY CLAUSE    Does the E Verify Federal contractor rule apply to existing indefinite delivery   indefinite quantity  IDIQ  contracts     Federal contractors together with government contracting officials may bilaterally  modify an existing IDIQ contract to include the FAR E Verify clause for future  orders in accordance with FAR 1 108 d  3  if     e The remaining period of performance extends at least six months after the E   Verify Federal contractor rule effective date      The amount of work or number of orders expected under the remaining  performance period is substantial     EMPLOYEES AFFECTED BY THE RULE    Are employees hired on or before November 6  1986  exempt from the FAR E   Verify clause     Yes  Employees hired on or before November 6  1986  and still in continuous  employment  cannot be verified in E Verify  The Immigration Reform and Control  Act of 1986  IRCA  does not allow employers to complete Forms I 9 for these    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    employees  As a result  the FAR also excludes employees hired on or before  November 6  1986     Form I 9  Employment Eligibility Verification  is the basis for E Verify  Since Form  I 9 cannot be completed for these employees  you cannot perform an E Verify query  on these employees     How do I know which employees are considered to be performing work directly  under a Federal contract that contains the FAR E Verify clause     Existing empl
12. able to verify your existing employees until you receive another    contract that contains the FAR E Verify clause and enroll as a Federal Contractor    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    with FAR E Verify Clause     If you are an organization that qualified for an exception that allowed 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  For information on terminating your participation in E Verify   see the E Verify User Manual for Federal Contractors     My company   s Federal contract has ended  Do we need to notify USCIS if we no  longer want to participate in E Verify     Yes  Federal contractors who no longer wish to participate in E Verify after a  contract has ended can terminate their participation by selecting Request  Termination on your Maintain Company page in E Verify  If your company fails  to do so  the terms of the MOU remain in place  For specific information on  terminating your participation in E Verify  see E Verify User Manual for Federal  Contractors     I am a Federal contractor with the FAR E Verify clause  When completing a  
13. contractor that does not have a contract that  contains the FAR E Verify clause  you should select Federal contractor without  FAR E Verify clause     As a Federal contractor  must I notify my existing employees individually that I  must verify them in E Verify     No  The E Verify MOU only requires employers to    display the notices supplied by  DHS in a prominent place that is clearly visible to prospective employees and all  employees who are to be verified through the system     Displaying the E Verify  notice prominently where both prospective and existing employees can see it  constitutes your notification     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    As a Federal contractor with a Federal contract that contains the FAR E Verify  clause  may I use the information in our Human Resources    employee database  instead of Form I 9 to verify my employees in E Verify     The E Verify process is based on information collected from Form I 9  You may  only run an E Verify query using your database   s information if you have carefully  reviewed the Form I 9 and     e Your database contains the relevant Form I 9 information needed to run an E   Verify query   e You determine that you do not need to complete a new Form I 9 because the  employee   s existing Form I 9 complies with current Form I 9 regulations  relating to Federal contractor with the FAR E Verify clause  For more  information  see the Supplemental Guide for Federal Contractors     Once I have
14. e choosing your hiring sites   during enrollment  you must designate every hiring site at which you will     1  Hire new employees  and or    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    2  Verify existing employees     If you are already enrolled in E Verify and your company has been using E Verify at  only certain hiring sites  you must now designate all of your company   s hiring sites    You must also update your Site Verification page as discussed in the E Verify User   Manual for Federal Contractors     Is it possible to download and review the FAR tutorial before registering     No  Only users that enroll in E Verify as Federal contractors or existing participants  who update their status in the Maintain Company page to indicate that they are a  Federal contractor with FAR E Verify clause will be able to view and complete  the E Verify Tutorial for Federal Contractors     ENROLLMENT    I am a Federal contractor but I do not have any contracts that contain the FAR  E Verify clause  What do I do     Although you are not required to join E Verify  you may do so  E Verify is the best  means available to verify the employment authorization of employees  However  if  you enroll prior to receiving a Federal contract that contains the FAR E Verify  clause  you may only verify new hires and will not be allowed to verify existing  employees     When enrolling  an E Verify screen will ask  Which category best describes your  organization  If you are a Federal 
15. ll newly hired employees   However  your organization may choose to use E Verify for all new hires  If your  organization is both a Federal contractor and wishes to hire F 1 OPT STEMs  it must  verify all new hires plus existing employers assigned to the Federal contract as  required by the Federal contractor rule     Must the F 1 OPT STEM student work on a Federal contract and be classified  as an  employee assigned to the contract  to qualify for the 17 month extension     No  The student does not need to be assigned to a Federal contract with the E Verify    clause to be eligible for the 17 month extension  The student still must meet the OPT  eligibility criteria regardless of how the university is enrolled     BEFORE YOUR COMPANY ENROLLS IN E VERI FY    When are Federal contractors required to enroll in E Verify   The E Verify Federal contractor rule requires Federal contractors to enroll in E   Verify only if they are awarded contracts or have existing IDIQ contracts that are    bilaterally modified to contain the FAR E Verify clause on or after September 8     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    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 Maintain Company 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
16. ment Web  Services     What is the minimum version of E Verify Web Services that supports the FAR     We are now able to support FAR access via Web Services on ICD versions 14 and  higher     I am a software engineer who wants to develop Web Services applications for  Federal contractors affected by the FAR E Verify clause  What do I do to begin     The Employer Web Services ICD contains the information you need to develop and  test your software interface  You can begin this process in one of two ways     To use Web Services  you must enroll in E Verify  Once you enroll and sign your  MOU  you then can request the ICD by sending an e mail to www viswebservices        test csc com     Downloaded by NAFSA from http   www uscis gov  on 12 10 2009    ADDITIONAL I NFORMATION FOR ALL USERS    May I use E Verify prior to making a job offer to a job applicant     No  You may not use E Verify to pre screen employees  By signing the MOU to  participate in E Verify  you agree not to use E Verify for pre employment screening  of job applicants  any unlawful employment practice  or any use not authorized by the  MOU  If you use E Verify procedures for any purpose other than as authorized by the  MOU  you may be subject to appropriate legal action and termination of your access  to E Verify  In particular  prescreening applicants on the basis of citizenship status or  national origin may violate the anti discrimination provision of the Immigration and  Nationality Act  8 U S C     1324b  
17. ms are exempt from the rule  Federal contracts for  food and agricultural products shipped as bulk cargo  but that otherwise would be  considered COTS items  such as grains  oils and produce  are also exempt   Subcontracts that only provide supplies  such as food  are exempt from the E Verify  Federal contractor rule     Does the E Verify Federal contractor rule extend to contracts outside the United  States     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   and the U S  Virgin Islands     Do any organizations have exceptions to the E Verify Federal contractor rule     Yes  The E Verify Federal contractor rule requires most Federal contractors to use E     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    Verify for all new employees  regardless of whether the employees are assigned to a  Federal contract  However  certain Federal contractors need only use E Verify to  verify the employment authorization of employees assigned to a covered Federal  contract  These include     e State and local governments   e Governments of federally recognized Native American tribes   e Sureties performing under a takeover agreement entered into with a Federal  agency pursuant to a performance bond    For specific instructions on exempt organizations  see the Supplemental Guide for  Federal Contractors     EXI STING FEDERAL CONTRACTS THAT CAN BE  BILATERALL
18. new Form I 9  my new employee presented a State issued driver   s license that  does not have a photo on it  The employee explained that there is no photo due to  his her religious beliefs  What do I do     E Verify employers are required to only accept List B documents that have a photo   However  if your employee has presented a List B document that does not have a  photo due to religious reasons  you should contact E Verify at 888 464 4218     FAR E VERI FY CLAUSE NON COMPLI ANCE    What are the consequences of not providing employees with TNC notices or  discouraging them from contesting     You must provide an employee who receives a Tentative Nonconfirmation  TNC   with the E Verify generated TNC notice  You must also allow the employee to    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    contest the TNC if he or she chooses to do so  Employees must be allowed to  continue to work without penalty during the TNC process  Failing to allow an  employee to contest a TNC is a violation of the MOU and could be grounds for  suspension or debarment  Taking adverse action against an employee based on a TNC  alone may violate the anti discrimination provision of the Immigration and  Nationality Act  8 U S C     1324b     Where can I find additional resources     The Supplemental Guide for Federal Contractors contains more information on E   Verify procedures and requirements  You can download this guide from this Web  site  You may also call E Verify Customer Su
19. ontracts  which 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     If my organization accepts grant monies from the Federal government  am I  required to use E Verify     Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    If the FAR E Verify clause is contained in the terms and conditions of your grant  then you are required to use E Verify     What types of Federal contracts are exempt from the E Verify Federal  contractor rule   A contract is considered exempt if one or more of the following apply     e Itis for fewer than 120 days   e Itis valued at less than  100 000  the simplified acquisition threshold   e All work is performed outside the United States   e Itincludes only commercially available off the shelf  COTS  items and  related services    What is considered to be a commercially available off the shelf  COTS  item     A COTS item is a commercial off the shelf item that is sold in substantial quantities  in the commercial marketplace and is offered to the government in the same form that  is available in the commercial marketplace  or with minor modifications     Are contracts for agricultural and food products exempt from the E Verify  Federal contractor rule     Nearly all food and agricultural products fall within the definition of a COTS item   Federal contracts for COTS ite
20. oyees assigned to a federal contract are bound by the FAR E Verify  clause  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  please consult your legal counsel and or contracting  official     My employee is working directly on a Federal contract that contains the FAR E   Verify clause  However  her employment on the contract will only last for a few  days  Is this employee exempt from the E Verify requirement     No  The rule does not exempt employees based on the intermittent nature of the work  or the length of time spent performing the work  Note that this employee must  complete Form I 9 and be verified through the E Verify system     If an employee has been previously verified in E Verify  do I need to run this  employee through E Verify again     If you have previously verified this employee in the E Verify system  you may not do  so again  However  if the previous verification in E Verify was done by another  employer  you must verify this employee in E Verify  For more information on  employees exempt from the FAR E Verify clause  see the Supplemental Guide for  Federal Contractors     Are 
21. pport at 1 888 464 4218     For more information about unfair employment practices under the anti   discrimination provision of the Immigration and Nationality Act  contact the Office  of Special Counsel for Immigration Related Unfair Employment Practices  Civil  Rights Division  U S  Department of Justice  at 1 800 255 7688 or click on the   Office of Special Counsel for Immigration Related Unfair Employment Practices   OSC   link in the right column of this page     Last updated  11 13 2009          Downloaded by NAFSA from http   www uscis gov  on 12 10 2009    
22. ractors with contracts that  do or do not contain the FAR E Verify clause  For more information on  subcontractors  see the Supplemental Guide for Federal Contractors     Can subcontractors choose to verify existing workers not assigned to the  contract     Yes  During the E Verify enrollment process  the subcontractor has the same  verification options as the prime contractor with a contract that contains the FAR E   Verify clause  Prime and subcontractors can choose to verify        All new hires and all existing non exempt employees assigned to a Federal  contract  or     Their entire non exempt workforce  all new hires and all existing employees  throughout the entire company      I am a subcontractor working for a prime contractor that has a Federal contract  that contains the FAR E Verify clause  How do I know if I am affected by the  contract     If a prime contractor   s Federal contract contains the FAR E Verify clause  the  provisions of that clause flow down to all tiers of subcontracts  Consult your prime  contractor  who should provide you with general oversight to ensure that you meet  the E Verify requirement  For more information  consult your legal representative   For information on subcontractors  see the Supplemental Guide for Federal  Contractors     I am a subcontractor that has employees working under a Federal contract that  contains the FAR E Verify clause  Will the prime contractor enroll me in E   Verify or do I enroll myself  If I need to enroll my
23. self  how do I enroll in E   Verify     Subcontractors must enroll themselves in E Verify and select Federal contractor  with E Verify clause if they have employees who must be verified in E Verify  The  prime contractor cannot independently verify the employees of the subcontractor in E   Verify  However  the parties may agree to allow the prime contractor to act as a    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    Designated Agent on behalf of the subcontractor  For general information about  Designated Agents  see below  For information on enrolling in E Verify as a  Designated Agent or a Client of a Designated Agent  see the E Verify User Manual  for Federal Contractors    My company has several divisions and affiliates  When determining which new  and existing employees must be verified in E Verify  does it matter if my  affiliates are separate legal entities for tax purposes     Only the legal entity  business  that signs the contract is considered the contractor   and is bound by the E Verify obligation  Whether certain subsidiaries and affiliates  are a part of a legal contracting entity depends on the specific factual context  Consult  your legal representative and government contracting official if you have additional  questions about these topics  For information about verifying your existing workforce  if you are a Federal contractor with a contract that contains the FAR E Verify clause   see the Supplemental Guide for Federal Contractors     D
24. use through the Maintain  Company page  For specific instructions on how to do this  see the E Verify User  Manual for Federal Contractors     Note that once you designate your organization as a Federal contractor with FAR E   Verify clause  you must take a Federal contract tutorial     How long will I have to verify my existing employees   You will be required to initiate verification of all existing non exempt employees    Downloaded by NAFSA from hittp   www uscis gov  on 12 10 2009    assigned to the qualifying contract within 90 calendar days of designating your  company as a Federal contractor with FAR E Verify clause in E Verify and  selecting which employees you will verify    If your are choosing to verify your entire workforce  you will also be required to  initiate verification of all remaining existing non exempt employees within 180  calendar days of selecting Entire Workforce  for more information on these  timelines  see the Supplemental Guide for Federal Contractors and the E Verify User  Manual for Federal Contractors     Will there be an abbreviated FAR tutorial for companies that already took the  regular tutorial     Yes  If you are already enrolled in E Verify and if you update your organization  designation to a Federal contractor with FAR E Verify clause  the E Verify system  will automatically require you to complete a refresher tutorial that will review the  new processes associated with the FAR E Verify rule  The refresher tutorial is an  abbreviated
    
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