News + Events
Effective Date of the E-Verify Rule Delayed to May 21, 2009
February 9, 2009
The E-Verify system is an Internet-based system operated by the Department of Homeland Security and the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. Currently, use of E-Verify is voluntary. However, in an effort to combat illegal immigration, the federal government intends to implement former President Bush’s Executive Order 12989 and a proposed regulation (the E-Verify rule), which will require all federal contractors, regardless of size, that hold a contract with a period of performance longer than 120 days and a value above $100,000, to electronically verify the employment eligibility of their employees through the E-Verify system. Subcontractors will be required to participate in E-Verify if they provide services or construction with a value of more than $3,000.
Although the E-Verify rule technically went into effect on January 19, 2009, the rule will not apply to contractors until May 21, 2009. The purpose of the postponement is to allow President Obama’s administration time to review and comment on the proposed E-Verify rule. The delay was prompted by pending litigation brought by the United States Chamber of Commerce and other trade groups in a federal district court in Maryland to challenge the E-Verify rule.