Implementation Of E-Verify Requirement For Federal Contractors Delayed

Implementation of the regulation that would require all federal contractors to participate in E-Verify has been further delayed – until May 21, 2009 – and it now appears uncertain whether the rule will ever take effect.

In our January 15, 2009 Alert, we reported that implementation of the federal contractor E-Verify requirement had been delayed until February 20, 2009, owing to an agreement between the parties to an ongoing federal court lawsuit that has challenged the rule. The latest delay is the result of a supplementary agreement among the parties in Chamber of Commerce of the United States of America v. Chertoff to further extend the implementation date until May 21, 2009. The court announced a stay of the proceedings on January 28, 2009, to afford the Obama administration an opportunity to examine the rule.