• Mandatory E-Verify Requirement Postponed Again
  • May 11, 2009 | Author: Felicia R. Reid
  • Law Firm: Curiale Hirschfeld Kraemer LLP - San Francisco Office
  • Last year’s federal regulations requiring federal contractors to use the E-Verify System, originally scheduled to go into effect on January 15, 2009, have just been postponed for the third time.  They are now scheduled to go into effect on June 30, 2009. 
    As spelled out in our previous eAlerts, E-Verify is an Internet-based system designed to enable an employer to verify whether an individual is eligible to work in the United States.  Once a voluntary program, use of E-Verify is required for federal contractors under the new regulations with only limited exceptions.  The January 15, 2009, effective date of the regulations has been postponed multiple times, originally due to a lawsuit filed late last year by the U.S. Chamber of Commerce challenging the validity of the E-Verify regulations, and most recently due to the Obama Administration.  The recent postponements are aimed at giving the Administration time to review the rule and consider rescinding the executive order on which the rule was based.  It is quite possible that the Obama Administration will decide to rescind the executive order and with it, the regulations.