Final Rule Requiring Federal Contractors to Use E-Verify Program Suspended

On Friday, January 9, the Department of Justice agreed to delay implementation of a final rule that would have required certain federal contractors and their subcontractors to begin using the E-Verify program to electronically verify the work eligibility of their newly hired employees and existing employees assigned to the contract. The rule, originally set to go into effect on January 15, 2009, will be suspended until February 20, 2009.  

Under the agreement, any federal contracts awarded or solicitations issued prior to February 20 will not contain the E-Verify clause that the rule would impose. It is expected that announcement of the suspension will be published in the Federal Register some time this week. In the meantime, plaintiffs to the suit have announced they will soon be filing a motion for summary judgment.

We will continue to provide you with the latest news as this lawsuit develops. In the meantime, it is important to remember that the federal contractor final rule will now go into effect on February 20, 2009, and we encourage all of our clients to take the steps necessary to be in full compliance. Our immigration attorneys are available to explain the final rule and the E-Verify program in more detail, including how they may affect your business.