There have been some recent discussions indicating that the regulation implementing the Executive Order requiring federal contractors to use E-Verify may be finalized within days. This would be a significant development as the government estimates that approximately 168,000 contractors and subcontractors will be required to enroll in E-Verify as a result of this rule.

E-Verify is a federal, voluntary electronic employment verification system operated by USCIS. In the absence of a federal mandate, several states have passed laws requiring certain employers to use the E-Verify system. Still a “pilot” program, E-Verify was temporarily extended to March 6, 2009, by the passage of the “Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009” (H.R. 2638) on September 30. Currently, there are approximately 80,000 employers enrolled in the program. Thus, the federal contractor regulation will likely result in tripling E-Verify enrollment.