; (ii) is required by Federal Government contract; or (iii) the Secretary or Attorney General determines to be essential for an employer to do business with an agency or department of the Federal Government or a State, local, or tribal government. (3) Additional exception providing right to prefer equally qualified citizens Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for an employer (as defined in section 274A(b)) to prefer to hire, recruit, or refer for a fee an individual who is a citizen or national of the United States over another individual who is an alien if the 2 individuals are equally qualified. (4) Unfair immigration-related employment practices relating to the System It is also an unfair immigration-related employment practice for a person, other entity, or employment agency— (A) to discharge or constructively discharge an individual solely due to a further action notice issued by the Employment Verification System created by section 274A until the administrative appeal described in section 274A(d)(6) is completed; (B) to use the System with regard to any person for any purpose except as authorized by section 274A(d); (C) to use the System to reverify the employment authorization of a current employee, including an employee continuing in employment, other than reverification upon expiration of employment authorization, or as otherwise authorized under section 274A(d) or by regulation; (D) to use the System selectively for employees, except where authorized by law; (E) to fail to provide to an individual any notice required in section 274A(d) within the relevant time period; (F) to use the System to deny workers’ employment or post-employment benefits; (G) to misuse the System to discriminate based on national origin or citizenship status; (H) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results