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Legal Alert: Applicability Date of Federal Contractor E-Verify Rule Delayed for the Fourth Time

Date   Jun 9, 2009

The applicability date of the rule requiring federal government contractors and subcontractors to begin using the USCIS E-Verify system has been delayed for the fourth time, until September 8, 2009.

The applicability date of the rule requiring federal government contractors and subcontractors to begin using the USCIS E-Verify system has been delayed for the fourth time, until September 8, 2009. The federal agencies responsible for implementing the rule published an amendment in the June 5, 2009 Federal Register postponing the applicability date of the final rule. The rule requiring federal contractors and subcontractors to electronically verify the employment eligibility of their employees was first published on November 14, 2008, and was set to become effective on January 19, 2009, but has since been postponed four times.

According to a motion for an extension of stay filed by the defendants in a lawsuit challenging the E-Verify rule, the additional extension is necessary due to an unrelated and unforeseen matter of national importance that has prevented the Obama Administration from completing review of the Executive Order and Final Rule in the time frame originally anticipated.

As a result of the delay in implementation, the E-Verify rule will not apply to any entity until at least September 8, 2009.

If you have any questions regarding this issue or other business immigration issues, please contact Geetha Nadiminti, gnadiminti@fordharrison.com, 404-888-3940 or any member of Ford & Harrison's Business Immigration practice group.