Table of Changes

Table of Changes

Article 1, Third paragraph was added.

If the Employer is a Federal contractor or subcontractor that is required to verify employment eligibility of certain employees as provided by Subpart 22.18, “Employment Eligibility Verification”, of the Federal Acquisition Regulation (FAR) (hereinafter referred to this MOU as a “Federal contractor”), additional authority and requirements for the Employer to verify employment eligibility are found in Subpart 22.18.

Article 1, Paragraph (C)(16) added.

The Employer understands that if it is a Federal contractor it must verify the employment eligibility of any “assigned employee” (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all newly hired employees as otherwise provided in this MOU. The Employer shall initiate E-Verify verification procedures for each employee who is an assigned employee as of the effective date of this MOU within 30 days after such date. For any employee who becomes an assigned employee subsequent to the effective date of this MOU, the Employer shall initiate E-Verify verification procedures within three business days after the date an employee has become an assigned employee, or within 30 days of the award of the contract to which the employee is assigned, whichever is later. The Employer may use a previously completed Form I-9 as the basis for initiating E-Verify verification of an assigned employee as long as that Form I-9 complies with paragraph 5 and the employee’s work authorization has not expired, and as long as the Employer has reviewed the Form I-9 with the employee to ensure that the employee’s stated basis for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Form I-9 does not comply with paragraph 5 or the employee’s basis for work authorization has expired or changed, the Employer shall complete a new I-9 consistent with paragraph 5. If the Form I-9 is otherwise valid and up-to-date but reflects documentation (such as a U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the Employer shall not use the photo screening tool described in paragraph 5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify Manual. Nothing in this paragraph shall be construed to require a second verification using E-Verify of any assigned employee who has otherwise been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor.