E-Verify is mandatory for some employers, including federal contractors and subcontractors working on certain types of contracts, as well as employers in states where E-Verify may be required by state law. However, many employers who are not required to use E-Verify choose to do so voluntarily.

Mandatory E-Verify Usage

Requirements for Federal Contractors

The E-Verify Federal Contractor Rule applies to federal contractors awarded a new contract that has the Federal Acquisition Regulation (FAR) E-Verify clause (48 C.F.R., Subpart 22.18) on September 8, 2009 or later in the following situations:
•The performance period for the contract is at least 120 days
•The contract is valued at more than $150,000
•At least some of the contract work is performed in the United States

Additionally, in some cases, the FAR E-Verify clause may be added to federal contracts and Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts that were in effect prior to this date.

Requirements for Federal Subcontractors

Subcontractors working on a pre contract that has the FAR E-Verify clause must participate in E-Verify in the following situations.

•The contract is for construction, c