USCIS Issues Revised FAQ for E-Verify Federal Contractor Rule and FAR Clause
By admin at 4 May, 2010, 11:23 am
By Thomas Ahearn, ESR Staff Writer
The U. S. Citizenship and Colonization Service (USCIS) has issued a revised list of Regularly Questioned Questions (FAQ) regarding the E-Verify Federal Contractor Rule and the Federal Acquisition Regulation (FAR) clause calling for the use of the E-Verify verification system. The revised FAQ can be reached by clicking here.
The E-Verify Federal Contractor Rule requires the insertion of the FAR E-Verify clause into applicable Federal contracts, which requires Federal contractors to use E-Verify to verify the employment eligibility of their new hires and all employees (existing and new) assigned to a Federal contract and performing work under a qualifying Federal contract.
E-Verify – a emancipated, Internet-based system operated by the Department of Homeland Security (DHS) and USCIS in partnership with the Social Security Administration (SSA) – allows employers to verify the employment authorization of their employees by read-through in rank provided by employees on their Employment Eligibility Verification (I-9) Form electronically against records in DHS and SSA databases.
The FAQ on the USCIS website pocket up what Federal contracts are affected by the FAR clause, what employees are impacted by the FAR clause, in rank regarding the initiation of E-Verify inquiries, and how the FAR clause impacts subcontractors.
The FAQ clarifies what types of Federal contracts are exempt from the E-Verify Federal Contractor Rule. A contract is considered exempt if one or extra of the following apply:
- It is for fewer than 120 days;
- It is valued at less than $100,000, the simplified acquisition threshold;
- All work is performed outside the United States, and/or;
- It includes only commercially available off-the-shelf (COTS) items and related air force.
According to the USCIS website, a COTS item is a commercial off-the-shelf item that is sold in substantial quantities in the commercial marketplace and is offered to the regime in the same form that is available in the commercial marketplace.
Employers may also use an ‘E-Verify Designated Agent’ to be their E-Verify service provider and help them in maintaining Form I-9/E-Verify compliance. The Designated Agent uses E-Verify to verify the employment authorization for their clients’ employees.
Employment Screening Resources (ESR) – a national background screening provider and authorized E-Verify Designated Agent – can help employers virtually eliminate SSA mismatch letters, improve the accuracy of wage and tax reporting, protect jobs for authorized staff, and help maintain a legal workforce. For extra in rank about E-Verify, please visit http://www.esrcheck.com/formi9.php.
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