Labor and Employment Alert

USCIS Delays Imposition of E-Verify Obligations On Federal Contractors

January 13, 2009

In response to a lawsuit brought by the U.S. Chamber of Commerce and other industry groups, the U.S. Citizenship and Immigration Service (USCIS) has agreed to delay the imposition of the E-Verify system on federal contractors until February 20, 2009. E-Verify is an automated, web-based system for verifying employees’ identity and their authorization to work in the United States. As we explained in our December 1, 2008 bulletin, a new federal rule would have required federal contractors to use this system beginning on January 15, 2009. However, USCIS has agreed to a one-month postponement so that the federal court can decide whether the recent lawsuit has any merit. The Chamber of Commerce and others allege that the executive order making the system mandatory is invalid and seek an injunction against enforcement of the rule. We will update you as the lawsuit progresses.