Sept 8The federal regulation making enrollment and participation in E-Verify mandatory for certain federal contractors has been postponed… again. No, this alert has not inadvertently popped into your inbox a fourth time. The regulation was originally scheduled to take effect on January 15, 2009, but the effective date has been pushed back four times. The effective date is currently September 8, 2009. We will be sure to notify you if additional changes to the effective date are made.

The delays have occurred for a variety of reasons, including the change in administration and ongoing litigation. Yesterday, the litigants agreed to the extension of the applicability date and requested a stay in the proceedings to allow the Obama administration additional time to review the rule and the effects the rule will have.

The delay in implementation of this rule provides a valuable opportunity for employers to make sure they are fully compliant with I-9 rules and procedures before enrolling in E-Verify. Given the multiple delays and the ongoing litigation, it is not certain when or if the rule will become effective. Additional announcements regarding this rule will be announced through our blog.