Effective September 8, 2009, institutions of higher education entering into federal contracts are required to use the E-Verify system to establish the employment eligibility of newly hired and current employees who directly perform work on a federal contract that includes the E-Verify clause.
E-Verify is an internet-based system operated by the Department of Homeland Security (DHS) in which the employment eligibility of designated employees is confirmed after the I-9 Employment Eligibility Verification Form has been completed. E-Verify does not replace the Employment Eligibility Verification Form (I-9) requirement. Rather, in addition to the completion of the I-9 form, those employers required to use E-Verify will enter the worker’s identity and employment eligibility information from the I-9 into the E-Verify system. E-Verify conducts a two-step verification process that checks employee information electronically against records contained in DHS and Social Security Administration databases.
Positions are covered by E-Verify requirements if they:
- Have any salary distribution on the budget assigned to a contract that contains the E-Verify clause; or,
- Are part of a cost share agreement with a federal contract that contains the E-Verify clause; or,
- Are paid directly from an agency for work performed on a federal contract that contains the E-Verify clause.
Positions that normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, are excluded from the E-Verify requirement. In addition, working on a proposal, as opposed to working on an awarded contract, does not constitute work under the contract in question and is not covered by E-Verify requirements.
Individual employees are exempt from E-Verify requirements if they:
- Have been continuously employed at the UW since November 6, 1986; or,
- Currently hold an active U.S. Government security clearance of confidential, secret or top secret; or,
- Have had a background investigation completed and credentials issued pursuant to Homeland Security Presidential Directive (HSPD)-12.
E-Verify deadlines and exclusions
For newly hired employees directly performing work on a federal contract that includes the E-Verify requirement, departments must initiate an E-Verify check no later than the end of three (3) business days after the employee’s actual start date. The check may not be initiated until after the candidate has accepted the job offer and after the Form I-9 has been completed.
For current employees assigned to work on a contract covered by E-Verify requirements, departments are required to initiate the E-Verify check within 90 calendar days after contract award or within 30 days after assignment to the contract, whichever is later.
For current employees working in contracts issued before September 8, 2009 the E-Verify requirements do not apply unless the terms of the contracts are changed by the federal agency to incorporate the E-Verify clause.
If you are unsure about whether a change in your contract, issued before September 8, 2009, has occurred please refer to your administrator, budget contact, the principal investigator or the Office of Sponsored Programs.
Identify positions requiring E-Verify
At the time of recruitment for a new or vacant position, each employing unit is responsible for determining whether the position is subject to the E-Verify requirement in accordance with established criteria. If you are unsure about the funding for the position, please refer to your administrator, budget contact, or the principal investigator.
Recruitments for positions subject to E-Verify must specify the requirement in the UWHIRES requisition. Notice of the E-Verify requirement must be included in the job’s posting on the UW employment website.
Conduct E-Verify checks
For training in how to conduct E-Verification, contact the Payroll Office Client Service & Training Team:
For access to the E-Verify system, contact the Office of Sponsor Programs (OSP):