The applicability date of a new rule, which requires certain contractors and subcontractors to use the US Citizenship and Immigration Services’ E-Verify System as the means of verifying that certain employees are eligible to work in the United States, has been delayed to September 8, 2009. 74 Fed. Reg. 26981 (Jun. 5, 2009); 74 Fed. Reg. 17793 (Apr. 17, 2009); 74 Fed. Reg. 5621 (Jan. 30, 2009); 73 Fed. Reg. 67651 (Nov. 14, 2008). The rule contains a new Federal Acquisition Regulation (FAR) clause (52.222-54) that requires contractors and subcontractors to enroll in the E-Verify program within 30 days of contract award and to begin to use E-Verify within 90 days of enrollment. The requirements apply to all prime contracts except those that (1) are under the simplified acquisition threshold (generally $100,000), (2) are only for work that will be performed outside the United States, (3) have a performance period of less than 120 days, or (4) are only for COTS items, certain other “would be” COTS items, or certain COTSassociated commercial services. Prime contractors are required to flow these requirements down to subcontracts that exceed $3,000, include work performed in the United States, and are for commercial or noncommercial services (except for certain COTS-related commercial services) or construction. The rule should be consulted for further details concerning the application of these requirements to particular categories of employees.