If you determine that you have a federal contract that contains the FAR E-Verify clause, you must change your organization designation to ‘Federal Contractor with the FAR E-Verify Clause.’ To do this, you must update your company profile using the ‘Edit Company Profile’ link found on the left navigation menu.
Only users who choose ‘Federal Contractor with FAR E-Verify Clause’ are permitted to verify existing employees. Federal contractors with more than one federal contract may verify only those existing employees working on a contract that contains the FAR E-Verify clause unless they choose at registration or when updating their company profile, An employer that does not hold a qualifying federal contract that selectively verifies its existing employees on the basis of citizenship or immigration status or national origin may be found to have violated the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b, or Title VII of the Civil Rights Act of 1964.
Federal contractors with the FAR E-Verify clause may also choose to verify their entire workforce, which includes all existing company employees regardless of whether they are assigned to a federal contract, unless those employees are exempt from being run through E-Verify. For more information on exempt employees, see Section 3.3.
Most federal contractors with the FAR E-Verify clause will select from the following two options:
- All new hires and all existing employees assigned to a federal contract, or
- Entire workforce (all new hires and all existing employees throughout the entire company)
Federal contractors that are institutions of higher learning, state or local governments, federally recognized Indian tribes or sureties performing under a takeover agreement entered into with a federal agency under a performance bond will select from the following three options:
- Employees assigned to a covered federal contract only, or
- Employees assigned to a covered federal contract and new hires throughout the organization, or
- Entire workforce (all new hires and all existing employees throughout the entire company)
For information on enrolling in E-Verify or making this selection in E-Verify, see Sections 3, 4, 8 and 9. Additionally, the ‘E-Verify User Manual’ is available from the ‘View Essential Resources link’ from the left navigation menu.