Once again, the effective date of the new rule that will mandate E-Verify use by certain federal contractors and subcontractors has been postponed. The new rule was initially postponed from January 15, 2009, to February 20, 2009, due to federal court litigation seeking to strike it down. The Obama Administration now has requested additional time to consider the new rule. As a result, the parties to the federal litigation and the court have agreed to a 90-day stay. The new rule will not be effective, if at all, until May 21, 2009.

In the meantime, participation in E-Verify remains voluntary, except for employers with operations in states that have enacted laws requiring the use of E-Verify.