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E-Verify Requirement for Federal Contractors Delayed Until September

June, 02 2009

A fourth delay in implementing regulations requiring federal contractors to use E-Verify is expected.  A previous delay set the implementation date at June 30, 2009.

Legal Challenge

The U.S. Chamber of Commerce and other interest groups filed a lawsuit challenging the government's requirement that federal contractors use E-Verify to verify the employment eligibility of their employees.  A previous consent order in the lawsuit postponed the proceedings and delayed enforcement until June 30.  The government asked for another delay to give the Obama Administration more time to review the rule.  As part of the new consent order, the government will not implement the E-Verify requirement until September 8, 2009.  The consent order was approved by the court on June 2, 2009.  The Government Services Administration (GSA), NASA, and the Department of Defense (DOD), which issue the Federal Acquisition Regulations, should issue official notice of the new delay soon.

E-Verify Regulations

The regulations apply to federal contractors with contracts for $100,000 or more and that are to be performed in 120 days or more. A copy of the Federal Register notice issued by the DOD, GSA, and NASA is available here.

For more information on the E-Verify requirement for federal contractors, please see our previous article: New State and Federal Employment Eligibility Verification Requirements. If you have questions about the new requirements or about your organization's obligations to verify employment eligibility under federal and state laws, please contact us.

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