On January 30, 2009, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an amended rule under which they agreed to delay the effective date of the final rule requiring U.S. government contractors to use the USCIS's E-Verify system to verify employment eligibility, until May 21, 2009. The final rule requiring use of E-Verify would have become effective on January 15, 2009. The government had agreed earlier to extend the effective date to February 20, 2009. In light of the new effective date, on or after May 21, 2009, government contractors must generally use the E-Verify system to verify the employment eligibility of all of the contractors’ new hires, and all employees (existing and new) who will directly perform work under covered federal contracts. On or after this date, contracting officers should also modify existing indefinite-delivery/indefinite-quantity contracts to include the clause for future orders, where the remaining period of performance extends beyond November 21, 2009, and the amount of work or number of orders expected under the remaining performance period is substantial.

To view our prior updates on the E-Verify requirements for federal contractors, please refer to the following links: January 9, 2009 Update and November 19, 2008 Update