U.S. Citizenship and Immigration Services announced it has delayed the implementation of an interim final rule entitled "Documents Acceptable for Employment Eligibility Verification," originally published in the Federal Register on Dec. 17, 2008, until May 21, 2009. The new rule directs federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The new rule requires federal contractors to agree, through a clause inserted into their federal contracts, to use the E-Verify system to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors' current employees who perform contract services for the federal government within the United States.
The rule will only affect federal contractors who are awarded a new contract after May 21st that includes the Federal Acquisition Regulation (FAR) E-Verify clause. It is important to note that federal contractors may not use E-Verify to verify the employment eligibility of current employees until the rule becomes effective and they are awarded a contract that includes the FAR E-Verify Clause.