E-Verify Requirements for Federal Contractors Delayed Until September 8

June 11, 2009

The effective date of a final rule requiring federal contractors and subcontractors to use the E-Verify system has been delayed for a fourth time. The new effective date is September 8, 2009.

As described in our December 8, 2008 article, this rule would require most federal contractors and subcontractors to use an Internet-based employment verification system administered by the U.S. Citizenship & Immigration Services.

Implementation was originally scheduled to take effect on January 15, 2009. The government then postponed the effective date to February 20, 2009, May 21, 2009, June 30, 2009 and now September 8, 2009.

The U.S. Chamber of Commerce and other employer groups brought a lawsuit to block implementation of the rule. The latest delay is a result of an agreement reached among the litigants in that action, asking the Court to stay the proceedings until the Obama Administration can complete a review of the rule written in the final days of the Bush Administration.

At this point, whether the rule (particularly in its present form) will ever be implemented is still very much in question. McGuireWoods will continue to post updates.

For further information on E-Verify or federal contractor, affirmative action or immigration compliance generally, please contact the authors or any member of the McGuireWoods Immigration, Labor & Employment or Employee Benefits teams.