E-Verify Federal Contractor Rule Suspended

On January 9, 2009, the federal government agreed to suspend the implementation of the E-Verify Federal Contractor Rule until February 20, 2009. The E-Verify Federal Contractor Rule was due to take effect on January 15, 2009, but the government agreed to delay implementation after the U.S. Chamber of Commerce, along with other business groups, filed a lawsuit on December 23, 2008 challenging the legality of this law. A notice announcing the suspension is scheduled to be published in the Federal Register this week.

The rule requires Federal Contractors and Subcontractors to enroll in E-Verify when they are awarded a federal contract or subcontract that includes the E-Verify requirement, or when an existing contract is amended to include the E-Verify requirement. Employers covered by this new rule will be required to verify the work authorization of all new hires and existing employees assigned to work on the federal contract.

For more information contact any of the attorneys in the Fisher Phillips Global Immigration Practice Group at 404.240.4224.

This Legal Alert provides information about a specific federal rule. It is not intended to be, and should not be construed as being, legal advice for any particular factual situation.