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E-Verify

What is E-Verify?

  • E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) under the U.S. Citizenship and Immigration Services (USCIS) to verify employment eligibility based on information provided by an employee's Form I-9.
  • Information is electronically verified against records contained in DHS and the Social Security Administration (SSA) databases.

What are E-Verify Requirements?

  • Under the final rule — FAR 1.108(d), UC, along with other institutions of higher education, UC is required to enroll in E-Verify once awarded a federal contract or subcontract that requires participation in E-Verify as the term of the contract.
  • When UC is awarded a federal contract that contains the FAR E-Verify clause, UC, as the contractor — and any covered subcontractors on the project — must enroll within 30 calendar days of the contract/subcontract award date.
  • UC must also post the Right to Work poster and the E-Verify Notice.

What is the E-Verify Clause?

  • The final rule requires the government to insert the E-Verify clause into applicable federal contracts, committing government contractors to use the E-Verify system for their newly hired and existing employees assigned to such federal contracts.

What is a FAR clause?

  • Federal Acquisition Regulation (FAR) is a set of rules and regulations used to manage the way the federal government acquires supplies and services with appropriated funds.

Which Federal Contracts Apply?

  • All federal contracts containing the FAR E-Verify clause.
  • The federal contract must also have a value above $100,000, a performance period longer than 120 days, and the performance must be within the United States.
  • Indefinite-delivery/indefinite-quantity (IDIQ) contracts that have been modified after the September 8, 2009, effective rule date on a bilateral basis, in accordance with FAR 1.108(d)(3), to include the clause for future orders.
  • For IDIQ contracts, the remaining period of performance must extend 6 months after the final rule effective date, and the amount of work expected under the remaining performance period is "substantial."

Which Federal Subcontracts Apply?

  • A subcontract based on a prime contract with the E-Verify clause which is for services or construction and has a value above $3000.
  • Exception: Grants are not subject to the rule. Only qualified federal contracts and subcontracts, as described above, are subject to the E-Verify requirement.

Why is UC Required to Comply?

  • Potential fines for non-compliance
  • Potential loss of existing contract

Note: Federal contractors risk debarment from future federal contracts if they do not comply with E-Verify.

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