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FEDERAL CONTRACTORS Q&AS;

Welcome to the E-Verify federal contractor question and answer page. Browse our topics to find answers related to FAR rule requirements and using E-Verify.

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Your organization will be required to use E-Verify if the terms and conditions of your grant contain the FAR E-Verify clause. Review your grant for the FAR E-Verify clause and check with your contracting official if you have any questions.

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Nearly all food and agricultural products fall within the definition of a COTS item. Federal contracts for COTS items are exempt from the E-Verify federal contractor 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 also exempt.
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Yes. Employees hired on or before November 6, 1986, and still in continuous employment with the employer are exempt from the FAR E-Verify requirement.

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E-Verify cases may only be created using information from your Human Resources database if that information was taken directly from the employee’s Form I-9.

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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.” To comply with this requirement, employers should display the E‑Verify Participation and Right to Work posters in a prominent location where both prospective and existing employees can see it. These notices can also be found in the Essential Resources section of E-Verify.

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No. The prime contractor is responsible for ensuring that all subcontractors at every tier incorporate the full FAR 52.222-54 clause in its subcontracts.

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Although prime contractors may act as the E-Verify employer agent, subcontractors are not limited to this relationship. Subcontractors may choose another E-Verify employer agent to use for E-Verify.

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Under certain circumstances, an E-Verify account may be closed prior to the end of the 30-day period required by the E-Verify MOU. Those circumstances include:

  • The company no longer exists
  • Closing the account is necessary to protect the account from unauthorized access
  • A company has duplicate or unnecessary accounts
  • A company needs to reregister in order to change its E-Verify access method or
  • E-Verify determines that closing an account before 30 days is necessary based on the requirements of law or policy

To request that your E-Verify account be closed prior to 30 days from your notice of termination based on one of these circumstances, your written request for termination must:

  • Request that your E-Verify account be closed prior to 30 days from your notice of termination, as required by the E-Verify MOU
  • Explain why your account should be closed prior to 30 days from your notice of termination, referencing and explaining in detail one or more of the circumstances above and
  • Specify the date you would like your E-Verify account closed

Closing E-Verify accounts prior to the end of the 30-day period, required by the E-Verify MOU, is at the discretion of E-Verify.

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Yes. During the E-Verify enrollment process, the subcontractor has the same verification options as the prime contractor with a federal 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).
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No. E-Verify does not distinguish between a prime contractor and a subcontractor. It only differentiates between federal contractors with contracts that do or do not contain the FAR E-Verify clause. For more information on subcontractors, see the subcontracting provision at 52.222-54(e) of the E-Verify clause and the E-Verify Supplemental Guide for Federal Contractors.

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