The implementation date of the final rule requiring federal contractors and subcontractors to begin using the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed (again) by six weeks until June 30, 2009. The rule was scheduled to take affect May 21.

E-Verify’s “federal contractor rule” – originally published on November 14, 2008 with an implementation date of January 15, 2009 – has yet to be implemented because of three separate postponements.

The first delay, until February 20, 2009, was due to a lawsuit brought by the U.S. Chamber of Commerce and other business groups challenging the rule’s validity and requesting an injunction to prevent it from going into effect.  The suit is pending.

The rule was delayed a second time because of a regulatory review being conducted by the new Obama Administration, which now desires additional time to adequately review the federal contractor rule, resulting in the most recent postponement.

The USCIS website contains the following notice:

Applicability Date for E-Verify Federal Contractor Rule Extended

WASHINGTON—The applicability date of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been pushed back by six weeks to June 30, 2009.

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (collectively known as the Federal Acquisitions Regulatory Councils) will publish an amendment in the Federal Register tomorrow postponing the applicability of the final rule until June 30, 2009. The rule requiring federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees was first published on Nov. 14, 2008, and went into effect on Jan 19, 2009.

The extension provides the Administration an adequate opportunity to review the entire rule prior to its applicability to federal contractors and subcontractors.

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