Frequently Asked Questions
  As a federal contractor, I want to make sure that we have 180 days to e-verify all our existing employees?
 The regulation provides that Federal contractors who exercise the option to verify all existing employees will have 180 days from notification of the election to do so.
 
  I heard from the webinar that there is an exception for people who have active gov clearance. However, there are all kinds of clearance from different department; could you tell me which clearance can be counted in exception?
 The final rule exempts employees with an active security clearance of confidential, secret, or top secret from verification requirements and employees for which background investigations have been completed and credentials issued pursuant to HSPD -12.
 
  Do our HR and accounting staff need to be e-verify as well? They don't really work directly work on any govenment contracts.
 If you are a federal contractor with a new or amended contract after the implementation date of the FAR you must verify all new hires and existing employees directly performing substantial work on the federal contract. The regulation states that indirect and overhead support functions are not generally considered substantial direct performance of the contract.
 
  Even we are doing e-verify, do we still need to keep all I-9 forms and all other support documents on file for 3+ years?
 Yes
 
  If we are a prime contractor, do our subcontractors need to e-verify their employees, and do we have the obligation on that?
 Yes, if the subcontract is for services or construction of $3,000 or more and like any other contract, you are responsible for all aspects of contract performance.
 
  Why should I consider participating in E-Verify?
 E-Verify is currently the best means available for employers to verify electronically the employment eligibility of their newly hired employees. E-Verify virtually eliminates Social Security mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S employers maintain a legal workforce. For more information about the process for using Form I-9, Employment Eligibility Verification, please see customer guide E-3, I Am an Employer...How Do I...Complete Form I-9, Employment Eligibility Verification?
 
  Am I required to participate?
 Generally no, although a few States are requiring employers to use E-Verify. If not required by your State, E-Verify is voluntary (except some Federal Government employers and violators of certain immigration laws made may be ordered to participate).
 
  I am an employer with multiple hiring sites. Can one site verify everyone? How?
 Yes, one site may verify new hires at all sites. When registering, the individual at the site that will be verifying new hires should select “multiple site registration” and give the number of sites per State it will be verifying.
 
  What is an E-Verify Designated Agent?
 An E-Verify Designated Agent is a liaison between E-Verify and employers wishing to participate, but who choose to outsource submission of employment eligibility verification queries for newly hired employees. E-Verify Designated Agents conduct the verification process for other employers or clients. An E-Verify Designated Agent must register online and sign an MOU with SSA and DHS. Once the MOU is approved, the E-Verify Designated Agent can then begin registering employers and clients who have designated it to perform the company’s verification services. Each employer/client will also be required to sign an MOU and will have a unique E-Verify client number.