The federal government has again agreed to delay the effective date of the final rule mandating use of the E-Verify program by federal contractors and subcontractors. The new effective date for the rule is Sept. 8. As such, federal solicitations issued before this date will not contain the contract clauses the rule would impose on employers. During the interim, ongoing litigation challenging the rule, as well as further review by the Obama administration, will continue.

The rule originally was issued Nov. 14, 2008, by the Federal Acquisition Regulation Council, and originally scheduled to become effective Jan. 15. The effective date has since been delayed several times.

The E-Verify mandate in this final rule includes troublesome requirements for employers, which business groups fought successfully during the Congressional debate regarding reauthorization of the voluntary E-Verify program during fall 2008. These requirements include vicarious liability for subcontractors, reverification of the existing work force and making the program mandatory instead of voluntary.

To view a statement from U.S. Citizenship and Immigration Services announcing the rule's most recent delay, click here.