For federal contract hires, initiate E-Verify within 90 calendar days after enrollment or within 30 calendar days of assignment, whichever is later. General Services Administration (acquisition.gov) sets this deadline for employees assigned to the contract.
Key takeaways
- Initiate verification within 90 calendar days after enrollment or within 30 calendar days of assignment, whichever date is later.
- Identify employees assigned to the contract: those hired after November 6, 1986 who directly perform work in the United States under a contract required to include the clause.
- Notify every employee who receives a Tentative Nonconfirmation, and do not take adverse action just because the employee received one.
- Check the exceptions for covered contractor categories before limiting verification to assigned employees.
Federal contractor E-Verify rules: the short answer on deadlines
The General Services Administration specifies two timing triggers for initiating verification under its employment eligibility verification clause. For each employee assigned to the contract, you must initiate verification within 90 calendar days after the date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later. This rule appears in the standard clause text provided by the agency.
When considering the start of the contract period itself, the same source states that the Contractor shall initiate verification within 90 calendar days after the date of contract award or within 30 days after assignment to the contract, whichever date is later. The phrase "whichever date is later" controls the calculation, ensuring you do not miss the window if one date occurs significantly earlier than the other.
For a staffing firm placing hires on federal work, the practical step is to identify which date is later for each individual. If you enrolled in the system recently, the 90-day mark from enrollment may be the binding constraint. If you have been enrolled for longer, the 30-day mark from the specific assignment to the contract becomes the critical deadline. You should track both dates for every placed employee to ensure compliance with the clause requirements as written by the General Services Administration.
Note that these deadlines apply specifically to employees assigned to the contract. The source references additional paragraphs for exceptions, but the core obligation remains tied to the later of the two specified dates. Keep your records aligned with these exact timeframes to meet the requirement for each assigned worker.
Six rules at a glance
The six core rules below define when verification starts, who counts as assigned to the contract, and how to handle a Tentative Nonconfirmation (TNC). Each rule maps to a specific deadline or scope defined by General Services Administration or the U.S. Equal Employment Opportunity Commission. Use this list to check your process against the source requirements before initiating any new verifications.
| Rule Number | Core Requirement | Publisher Source |
|---|---|---|
| 1 | Initiate verification within 90 days of enrollment or 30 days of assignment | General Services Administration |
| 2 | A contractor enrolled less than 90 calendar days has a separately listed provision | General Services Administration |
| 3 | For covered contractor categories, new-employee verification covers only employees assigned to the contract | General Services Administration |
| 4 | Contractors may choose to verify employment eligibility of all employees | General Services Administration |
| 5 | Subcontracts are defined for performance of prime contracts or subcontracts | General Services Administration |
| 6 | No adverse action if an employee contests a TNC | U.S. Equal Employment Opportunity Commission |
Rule 1 sets the primary clock. For each employee assigned to the contract, you must initiate verification within 90 calendar days after the date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later, according to General Services Administration. This "whichever is later" logic protects employees assigned shortly after your firm enrolls in the system.
Rule 2 covers contractors that have been enrolled less than 90 calendar days. The source sets this out as a separate provision, labelled "(B) Enrolled less than 90 calendar days," so read that provision before applying the general timeline, according to General Services Administration.
Who counts as an employee assigned to the contract
The definition of an employee assigned to the contract determines who falls under your verification obligations. According to General Services Administration (acquisition.gov), this term refers to an employee hired after November 6, 1986, who is directly performing work in the United States under a contract required to include the prescribed clause. In the Commonwealth of the Northern Mariana Islands, the hire date cutoff shifts to November 27, 2009. If you staff federal contracts in that specific jurisdiction, check your records against this later date before initiating any verification steps for those hires. For the wider hiring checks, see employment verification checks for new hires.
Not every person on your payroll qualifies for this status. The same source notes that an individual does not count as assigned if they do not perform substantial duties applicable to the contract. This distinction matters for small staffing firms where some employees might support administrative functions or other non-contract roles. You must identify which staff members are directly performing work tied to the federal award compared with those whose duties remain separate from the contract scope.
Special rules apply to continuing employees who have been with your firm since before the 1986 cutoff. U.S. Citizenship and Immigration Services states that these individuals, who continue in their employment with a reasonable expectation of employment at all times, are exempt from completing Form I-9 and cannot be verified in E-Verify. This exemption applies specifically to long-term staff who were already employed before the November 6, 1986 date. For new hires or those without this continuous employment history, the standard assignment rules described by the General Services Administration still govern your next steps.
The 90-day and 30-day deadlines
The deadline for initiating E-Verify is determined by whichever date occurs later: 90 calendar days after the contractor’s enrollment or 30 calendar days after the employee’s assignment to the contract, according to General Services Administration. This dual-clock structure ensures that verification begins promptly once an employee starts work on the covered contract, even if the company enrolled in the system long before the specific hire occurred. For each employee assigned to the contract, the rule requires initiation within this calculated window, with a specific exception noted in paragraph (b)(4) of the section.
When calculating the start date for the 90-day period, the source distinguishes between contractors who have been enrolled for less than 90 calendar days and those who have not, as indicated by the subheading "(B) Enrolled less than 90 calendar days" in the General Services Administration text. If your firm recently joined the system, check the separate provision for contractors enrolled less than 90 calendar days. The regulation ties the verification trigger directly to the timeline of enrollment compared with assignment, so calculate both deadlines and use the later one.
For contracts where the award date serves as the primary reference point rather than general enrollment, the requirement states that the contractor shall initiate verification within 90 calendar days after the date of contract award or within 30 days after assignment to the contract, whichever date is later, according to the General Services Administration. In either scenario, the later of the two calculated deadlines controls. For example, if the employee is assigned to the contract 80 days after enrollment, initiation is due within 30 days after assignment, which falls later than the 90-day mark.
| Scenario | Deadline Trigger | Publisher Source |
|---|---|---|
| General enrollment basis | Later of 90 days after enrollment or 30 days after assignment | General Services Administration |
| Contract award basis | Later of 90 days after contract award or 30 days after assignment | General Services Administration |
| Recent enrollment status | Specific provision for those enrolled less than 90 calendar days | General Services Administration |
Illustrative example: which deadline controls
Suppose a firm enrolled in the system on day 0 and assigns a new hire to a federal contract on day 20. The 30-day mark from assignment falls on day 50, while the 90-day mark from enrollment falls on day 90. Because day 90 is later, the firm initiates verification by day 90. The same comparison works with any dates: calculate both deadlines and use the later one.
Existing employees, all-employee option and subcontracts
The General Services Administration (acquisition.gov) outlines how contractors manage verification scope for staff already on payroll compared with new hires. Under the clause 52.222-54 Employment Eligibility Verification, certain contractors in the categories the clause lists may choose to verify only employees assigned to the contract, whether those are existing employees or new hires General Services Administration. This flexibility allows firms to limit initial E-Verify activity to personnel directly supporting the federal award rather than the entire workforce. However, if you opt for broader coverage, the regulation includes an explicit option to verify the employment eligibility of all employees General Services Administration. Choosing this path means your verification process extends beyond just those assigned to the specific contract, potentially simplifying internal compliance tracking but increasing administrative volume.
For new hires specifically, the rules state that, for covered contractor categories, verification reaches only new employees assigned to the contract General Services Administration. This distinction matters for staffing firms where some new hires might support commercial clients while others support federal contracts. You must track which new hires fall under the federal assignment to apply the correct verification timeline. The definition of who is covered also hinges on geographic and contractual definitions provided in the same source. A subcontract is defined as any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract General Services Administration.
The clause’s definition text lists the 50 States, the District of Columbia, Puerto Rico, Guam, and the Commonwealth of the Northern Mariana Islands, according to General Services Administration. There is also a specific provision for institutions of higher education, which may have different verification pathways depending on their status as defined at 20 U.S.C. General Services Administration. For most small staffing firms, however, the primary focus remains on distinguishing between existing employees, new hires, and the optional choice to verify everyone.
| Employment Status | Verification Scope | Publisher Source |
|---|---|---|
| Existing employees | Assigned existing employees follow the initiation deadlines, subject to paragraph (b)(4) | General Services Administration |
| New hires | For covered contractor categories, verification reaches only new employees assigned to the contract | General Services Administration |
| All employees | Contractor has the option to verify employment eligibility of all employees | General Services Administration |
| Subcontractors | A subcontract is a contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or subcontract | General Services Administration |
Rules on tentative nonconfirmation and records to keep
When an employee receives a Tentative Nonconfirmation, the employer must notify that individual about the status. According to U.S. Equal Employment Opportunity Commission, employers should not make assumptions about employment authorization based solely on the issuance of a TNC. This notification duty applies to every employee who receives this specific outcome during the verification process.
If the employee contests the TNC, the employer cannot fire, suspend, modify a work schedule, delay job placement, or otherwise take any adverse action against the employee just because they received a TNC. The EEOC specifies these prohibited actions.
Other state and federal laws require some employers to use E-Verify, but the contract-specific rules remain distinct. Regarding citizenship status, discrimination is generally prohibited unless it is required by law, regulation, executive order, or a government contract. The U.S. Department of Justice notes that such requirements may apply if the Attorney General determines citizenship status is essential for doing business with a government agency. Keep your records aligned with these specific legal boundaries rather than broad assumptions; see record-keeping rules for hiring files for retention.
| Action Type | Permitted/Prohibited | Publisher Source |
|---|---|---|
| Notify employee of TNC | Required | U.S. Equal Employment Opportunity Commission |
| Take adverse action on contested TNC | Prohibited | U.S. Equal Employment Opportunity Commission |
| Require citizenship status when a government contract requires it | Permitted if legally required | U.S. Department of Justice |
List the people you placed on a federal contract and note their assignment dates beside the 90-day and 30-day clocks from this page.
FAQ: federal contract E-Verify questions
What are the E-Verify deadlines for a federal contract?
According to General Services Administration (acquisition.gov), you must initiate verification within 90 calendar days after enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later. For contracts where the clause ties the clock to the award date, the same rule applies using 90 days after contract award or 30 days after assignment. The later of these two dates controls when you start the process for each assigned employee.
Does the 90-day deadline apply to every employee on my payroll?
No, the requirement specifically targets employees assigned to the contract. General Services Administration (acquisition.gov) notes that certain listed contractor categories may choose to verify only employees assigned to the contract, whether existing employees or new hires. If your firm opts to verify all employees under paragraph (b)(4), that is a broader choice than the assigned-only option for covered categories. For covered contractor categories, new-employee verification reaches only those assigned to the contract.
Can I fire someone who receives a tentative nonconfirmation?
You cannot take adverse action against an employee solely because they received a Tentative Nonconfirmation if they contest it. The U.S. Equal Employment Opportunity Commission states that employers cannot fire, suspend, modify a work schedule, delay job placement, or otherwise take any adverse action just because the employee received a TNC. You must notify every employee who receives a TNC and should not make assumptions about employment authorization based on the issuance alone.
Who is an employee assigned to the contract?
This term refers to an employee hired after November 6, 1986, who is directly performing work in the United States under a contract required to include the specific clause. General Services Administration (acquisition.gov) defines this scope clearly, noting that in the Commonwealth of the Northern Mariana Islands, the hire date threshold is November 27, 2009. Employees who do not perform substantial duties on the contract or were hired before these dates fall outside this specific definition for the purpose of the verification clock.
Can citizenship rules be required by a government contract?
Yes, discrimination based on citizenship status is permitted if it is required to comply with law, regulation, or executive order. The U.S. Department of Justice outlines that such requirements are valid if mandated by Federal, State, or local government contract. It also applies if the Attorney General determines it is essential for an employer to do business with a government agency or department.