The effective date for the final rule requiring federal contractors and subcontractors to begin using E-Verify has been pushed back to September 8, 2009. The rule has been suspended, for the fourth time, in response to a joint motion filed by the government and the litigants in Chamber of Commerce of the United States of America, et al. v. Napolitano. The litigants agreed to extend the applicability date to September 8, 2009, and requested the court to stay the proceedings further to allow the Obama administration more time to complete its review of this rule.
Under the new applicability date, which was published in today's Federal Register, any solicitations that are issued prior to September 8, 2009, would not contain the E-Verify contract clauses, including requirements for reverification of a contractor's existing workforce. For more information see our January 2009, February 2009 and May 2009 Immigration Alerts.