Second Update: Mandatory Use of E-Verify for Federal Contractors Further Delayed

The final rule mandating use of the Department of Homeland Security's (DHS) E-Verify system for certain qualifying federal contractors and subcontractors has been suspended again, this time until May 21, 2009. In an effort to permit President Obama and his administration an opportunity to fully review the final rule, the mandatory E-Verify clause will not be added to new and existing federal contracts until at least May 21, 2009. Please see prior Ice Miller alerts related to the applicability of E-Verify to federal contractors and subcontractors and the current legal challenge facing the rule: original alert and an alert on the first delay.

In the interim, employers are again urged to continue consideration of the final rule's applicability and to work with counsel in determining whether the final rule will mandate their enrollment in E-Verify.

Please contact Tami Earnhart with any questions regarding your requirement to enroll in E-Verify as a federal contractor or subcontractor or Jenifer Brown regarding E-Verify in general or other questions concerning I-9 compliance, employment verification, and other immigration-related issues.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.