Independent Contractor Compliance Blog - by Collabrus™

In December I reported to you about the new rule that requires federal contractors to use the federal E-Verify System for checking the eligibility of their employees to work in the United States. The rule was originally scheduled to go into effect Jan. 15, 2009, but the Department of Homeland Security has just delayed the implementation date after the U.S. Chamber of Commerce and other groups filed a lawsuit aimed at blocking the rule’s implementation.

Obama administration has postponed the implementation of the E Verify Requirement until May 21

Now the rule won’t go into effect until May 21 “in order to permit the new administration an adequate opportunity to review the rule,” according to a notice published Jan. 30 in the Federal Register.

What is E Verify?

For a more detailed explanation click on this link for my article posted on December 2, 2008.

http://www.collabrus.com/collabrus_blog/?s=E+Verify

The short version: E-Verify is a U.S. Government provided, Internet-based means for employers to compare the names and Social Security numbers of newly hired employees against government databases.  Its purpose is to verify the worker is legally entitled to work in the U.S. About 100,000 businesses now participate in the program, which is currently voluntary.

There are arguments on both sides

Bush administration officials contended the federal government has the right to ensure that the companies it does business with comply with immigration laws. The system works and can be depended upon. They wanted all federal contractors to be required to use the system.

The opponents contend the system can not handle the volume if it is required to be used by all federal contractors and it is replete with errors which will create unnecessary problems, costs and delays in the hiring process. They also contend that Congress clearly intended the system to be voluntary when it was created.

For now using E Verify is not required. I’ll keep you posted.