Employment Eligibility Verification
FAR Subpart 22.18 requires federal contractors to use E-Verify to confirm the employment eligibility of employees working on certain government contracts, ensuring compliance with immigration and labor laws.
Overview
FAR Subpart 22.18, Employment Eligibility Verification, establishes requirements for federal contractors to verify the employment eligibility of their employees working on federal contracts. This subpart implements the use of the E-Verify system, a web-based tool operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA), to confirm that employees are legally authorized to work in the United States. The regulation outlines the scope of applicability, provides definitions for key terms, sets forth the policy mandating E-Verify use, and prescribes the contract clause that must be included in applicable solicitations and contracts. The subpart is designed to ensure that federal contractors do not employ unauthorized workers on government contracts, supporting compliance with immigration and labor laws.
Key Rules
- Scope (22.1800)
- Specifies which contracts and contractors are subject to employment eligibility verification requirements.
- Definitions (22.1801)
- Provides definitions for terms such as "employee," "E-Verify," and "United States," ensuring clarity and consistency in application.
- Policy (22.1802)
- Mandates that certain federal contracts require contractors to use E-Verify to confirm the employment eligibility of employees assigned to the contract and, in some cases, all new hires.
- Contract Clause (22.1803)
- Requires inclusion of a specific clause in solicitations and contracts that triggers the E-Verify obligations for contractors.
Responsibilities
- Contracting Officers: Must include the E-Verify clause in applicable contracts and ensure contractor compliance.
- Contractors: Must enroll in and use E-Verify for covered employees and new hires as specified by the contract.
- Agencies: Oversee compliance and address any violations or issues related to employment eligibility verification.
Practical Implications
- This subpart exists to prevent the employment of unauthorized workers on federal contracts and to promote legal workforce practices.
- Contractors must be diligent in enrolling in E-Verify, training staff, and maintaining records to avoid penalties or contract issues.
- Common pitfalls include failing to apply E-Verify to all required employees or misunderstanding which contracts are covered.