22.1802
Policy
Federal contractors must use E-Verify to confirm employment eligibility of workers, with specific requirements, exceptions, and serious consequences for non-compliance.
Overview
FAR 22.1802 establishes the policy requiring federal contractors to comply with U.S. immigration laws and verify the employment eligibility of their workers using the E-Verify system. This section outlines the mandatory use of E-Verify for federal contractors, specifies exceptions, details subcontractor requirements, and provides for waivers and consequences of non-compliance.
Key Rules
- Compliance with Immigration Laws
- Contractors must employ only individuals eligible to work in the U.S. and use E-Verify as an additional verification tool, not a replacement for other requirements.
- E-Verify Enrollment and Use
- Federal contractors must enroll in E-Verify and use it to verify all new hires in the U.S. (with limited exceptions for certain institutions and government entities).
- Verification of Employees Assigned to Contracts
- Contractors must use E-Verify for all employees assigned to the contract, and flow down these requirements to certain subcontractors.
- Optional Broader Verification
- Contractors may choose to verify all existing employees hired after November 6, 1986, instead of only those assigned to the contract, with exceptions for employees with security clearances or HSPD-12 credentials.
- Waivers
- The head of the contracting activity may waive E-Verify requirements in exceptional cases.
- Consequences of MOU Termination
- If DHS or SSA terminates a contractor’s E-Verify MOU, the contractor may be referred for suspension or debarment and is excused from E-Verify obligations during the review period.
Responsibilities
- Contracting Officers: Must include E-Verify requirements in solicitations and contracts as prescribed.
- Contractors: Must enroll in and use E-Verify as required, ensure flow-down to applicable subcontractors, and maintain compliance with all related obligations.
- Agencies: May grant waivers and must refer non-compliant contractors for possible suspension or debarment.
Practical Implications
- This policy ensures federal contractors are hiring only authorized workers and provides a clear process for employment eligibility verification. Non-compliance can result in severe penalties, including suspension or debarment. Contractors must understand the scope of E-Verify requirements, exceptions, and the importance of proper flow-down to subcontractors.