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E-Verify at a Glance

Although there is growing use of E-Verify by private employers, a large percentage of those companies are using it because they are required to—either because they operate as employers in a jurisdiction where it is legally required or because they are federal contractors or subcontractors. For the vast majority of employers in the U.S., E-Verify is still optional. The chart below shows the circumstances in which E-Verify must be used, and when it’s merely an option for an employer to consider.

  • Published: March 24, 2010
  • Updated: September 7, 2011
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Federal contractor with the federal acquisition rule (FAR) E-Verify clause in contract

Federal contractor without the FAR E-Verify clause

No federal contracts currently, but competing for one or more

No federal contracts now and none expected anytime soon

Located

in a jurisdiction where

E-Verify is required

Must I enroll in and use E‑Verify?

Yes. Within 30 days, company must register or change its designation to FAR contractor if already registered.

No

No

No

Yes

May I enroll in and use E‑Verify?

 —

Yes, but for new hires only.

Yes, but for new hires only.

Yes, but for new hires only.

 —

Should I check new hires if I’m enrolled in E-Verify?

Yes. Must begin using for all new hires within 90 days of enrollment.

Yes. Must begin using for all new hires immediately upon enrollment.

Yes. Must begin using for all new hires immediately upon enrollment.

Yes. Must begin using for all new hires immediately upon enrollment.

Yes. Must begin using for all new hires immediately upon enrollment.

Should I use E‑Verify for existing employees working on federal contract?

Must E-Verify all employees working directly on the federal contract, but not employees who work indirectly on contract (e.g., admin staff). 

No

 —

 —

 —

Should I use E‑Verify for existing employees?

Employer must choose whether to E-Verify all existing employees or only the ones working directly on federal contract;180 days to comply.

Must not

Must not

Must not

Must not

Workforce Management Online, March 2010 -- Register Now!

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