Hunton Immigration and Nationality Law Blog : Immigration Lawyer & Attorney : Hunton & Williams Law Firm : Workplace Enforcement, Immigration Visas

On September 1, 2009, four business associations filed in federal court for an emergency injunction to delay the implementation of the new E-Verify requirement for certain federal contractors, which will become effective on September 8, 2009, under the Federal Acquisition Regulation (FAR).  The pleading and brief may be read here.  Check back for updates.

UPDATE:  The U.S. District Court for the Southern District of Maryland denied the injunction filed by the business coalition led by the U.S. Chamber of Commerce; however, an appeal will be filed with the Court of Appeals for the 4th Circuit.  Until a decision is reached, the E-Verify rule for Federal contractors is in effect.

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Under the Federal Acquisition Regulation (FAR), September 8, 2009, is the effective date for certain federal contractors to begin using E-Verify to confirm that their employees are authorized to work in the United States.  Although the new rule will apply to many federal contracts, there are broad exemptions and limitations.

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The DOJ's Office of Special Counsel has released "Do's and Don'ts" guidance for companies participating in the eVerify program.  eVerify is a voluntary program for employers to verify the identity and work eligibility of all new hires.  The "Do's and Don'ts" can be found here.  Information about the E-Verify program can be found here.

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