On June 6, 2008, President Bush signed Executive Order 13465, requiring federal government contractors to use E-Verify to confirm the employment eligibility of employees who perform work on contracts within the United States On June 12, 2008, the federal government issued proposed regulations to implement the Executive Order. The period for public comment on those regulations ended on August 11, 2008. For additional background information, read the One Minute Memo titled “Federal Government Contractors to be Required to Use E-Verify.”

The majority of these comments were negative, including comments highlighting E-Verify’s error rate, the broad definition of “federal contractor,” and the administrative burden on employers. Comments also included a proposal that the system be used for all existing employees (whereas it can currently only be used for new hires). It is expected that final regulations, which may or may not take into consideration the public comments, will be issued before the end of this year. Seyfarth Shaw will keep clients updated as this story develops.