E-VERIFY FEDERAL CONTRACTOR RULE FURTHER DELAYED UNTIL

JUNE 30, 2009

The regulations requiring federal contractors and subcontractors to verify workers’ employment eligibility using the E-Verify system has been delayed yet again, this time until June 30, 2009.  The E-Verify system itself is the electronic employment eligibility verification system that is operated by the U.S. Citizenship and Immigration Service in conjunction with the Social Security Administration. 

The final rule on the E-Verify requirement was first published on November 14, 2008 and scheduled to take effect just two months later, on January 15, 2009.  As we have previously reported, in December 2008, the U.S. Chamber of Commerce filed suit against the federal government citing the onerous obligations the proposed rule would have on the hiring practices of certain federal contractors and subcontractors.  The parties initially reached an agreement to stay the effective date of the regulation until February 20, 2009.  The effective date was then further delayed to May 21, 2009 in order to provide the new administration with sufficient time to review the regulations.  The government is continuing to review these regulations, which is the cause of the further extension.  As a result of the new delay, the E-Verify requirement will only impact solications or federal contracts issued on or after June 30, 2009.  This third delay in the rule’s effective date could suggest that it will ultimately be abandoned altogether or perhaps revised from its current form. 

For more information about E-Verify or to assist you in planning for compliance with this law, please contact Amy B. Royal, Esq. at (413) 586-2288 or at aroyal@rkesq.com .