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E-Verify Requirement for Federal Contractors Postponed AGAIN

Immigration Alert Grant Sovern, Lisa D. Duran, Eric D. Ledbetter, Maria F. Kallmeyer

The federal government has again postponed the implementation of new rules that would have required federal contractors to start using E-Verify. The rules were to go into effect on January 15, 2009, but the implementation was then postponed until February 20, 2009. Now, the federal agencies responsible for making the Federal Acquisition Regulations, which govern federal contractors, have announced that implementation of the E-Verify rules has been extended to at least May 21, 2009, to give the new Obama administration time to review them. If allowed to go into effect, the rules will require the federal procurement administrators to include a clause in most new and ongoing federal contracts, mandating that employers use the online E-Verify system to check the immigration status of all new hires as well as those employees working on the specific contract. A federal court is still considering a case filed to invalidate the regulations, based on the fact that Congress expressly forbade making E-Verify mandatory. Interestingly, this week the House of Representatives voted to include an E-Verify requirement in the House version of the proposed stimulus package, for any employer that receives stimulus funding. The Senate version of the bill was passed through committee without the requirement but has not been debated in the full Senate yet.

For additional information about E-Verify, please contact a member of our Quarles & Brady immigration team, including Grant Sovern (Madison) at 608-283-2668 / [email protected], Lisa Duran (Phoenix) at 602-229-5225 / [email protected], Ben Kurten (Milwaukee) at 414-277-5851 / [email protected], Eric Ledbetter at 414-277-5755 / [email protected], Maria Kallmeyer (Chicago) at 312-715-5009 / [email protected] or your Quarles & Brady attorney.

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