E-Verify Rule Postponed Until September 8, 2009

The federal government has told a Maryland judge that it plans to delay for the fourth time the effective date of a rule requiring certain federal contractors and subcontractors to use the E-Verify program. The rule – which would amend the Federal Acquisition Regulation (FAR) to mandate that specified contractors use the electronic employee verification system for current and prospective hires – was initially issued on November 14, 2008, and was to take effect January 15, 2009. Due in part to a lawsuit challenging the legality of the rule, the implementation date was pushed to February 20, then again to May 21 and June 30. The government has requested a stay of the litigation so that the new administration can review the authority of the rule. Pursuant to this request, the government said it would move the start date of the rule until September 8, 2009. A formal announcement of this delay is expected to be published in the Federal Register.

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