E-Verify Rule Delayed by Justice Department

Source: Berkshire Associates

The Department of Justice (DOL) has announced they are moving the effective date of the E-Verify mandate for federal contractors and subcontractors from January 15, 2009 to February 20, 2009. This postponement is a result of various businesses, including the Chamber of Commerce and the Society for Human Resource Management (SHRM), challenging the law.

E-Verify is the electronic employment verification system operated by the U.S. Citizenship and Immigration Services. It allows employers to electronically verify the employment eligibility of their newly hired employees after completion of an I-9 Form. The E-Verify requirements would apply to federal contracts acquired after the rules take effect. According to the regulation, businesses contracting with the federal government would be required to enroll in E-Verify within 30 days of the contract award date.

The parties involved in the E-Verify legal challenges announced Feb. 11, 2009 as the deadline for filing final motions and briefs in the U.S. District Court for the District of Maryland. According to SHRM.org, attorneys for the plaintiffs sent a letter to the DOJ stating they reserved the right to seek a court injunction to block the regulations from taking effect if the district court judge does not rule on the motion for summary judgment prior to the rule’s new effective date.

For more information on the new regulations, or to find out if your company should be transitioning to meet the E-Verify system regulations, please contact Berkshire Associates Inc. at 800.882.8904 or email bai@berkshireassociates.com.