Suspension of E-Verify Rule Until February 20, 2009

January 9, 2009

On December 8 we notified you that the Department of Homeland Security had issued final rules requiring federal contractors to use E-Verify, effective January 15, 2009 (see news item). Working with several employer groups on a common lawsuit to block the rules, the U. S. Chamber of Commerce, of which McGuireWoods, LLP, is a member, has negotiated with the issuing FAR Council a suspension of these final rules until February 20, 2009. Notice should appear in the Federal Register next week.

Pending further notice, you may suspend all-out efforts to comply by January 15. In the meantime, you can use the time to prepare for using E-Verify. It is possible, however, that the incoming Administration will extend the suspension until a court can rule on a Motion for Summary Judgment which the Chamber and other employer groups plan to file. We will continue to inform you of developments.

For further information, please contact any member of the McGuireWoods Immigration, Labor & Employment, or Employee Benefits teams.