The USCIS published newly-revised FAQs regarding its E-Verify system on April 22, 2010. E-Verify allows employers to verify employment authorization by comparing information contained on an employee's I-9 form with records in the DHS and Social Security Administration (SSA) database. Pursuant to Executive Order 12989 and effective September 8, 2009, all employers that are Federal contractors with a Federal contract that contains the Federal Acquisition Rule (FAR) E-Verify clause must verify the employment eligibility of employees performing work under the Federal contract using the E-Verify system.

The new FAQs address the following information related to the federal contractor rule:

  • the types of contracts that are exempt from E-Verify;
  • when employees are considered to work under a federal contract;
  • whether the employers must give employees notice of E-Verify;
  • how much time an employer has to verify its workers once a subject contract or subcontract has been awarded;
  • specific considerations for universities and temporary employers under E-Verify;
  • when the E-Verify rules apply to subcontractors and whether they extend to contracts performed outside the United States;
  • situations in which an employee requires a new Form I-9;
  • ways in which an employer's use of E-Verify may affects its civil and criminal liability.