Compliance Watch – Federal Contractor E-Verify Delayed Again;Updates on State Laws, Enforcement and I-9s

The regulation requiring certain federal contractors to use E-Verify is once again being delayed from May 21 until June 30. A notice was published in the Federal Register on April 16 confirming the delay.  This is the third delay in implementation of the rule which was originally expected to be effective on January 15, 2009. E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. The rule would require participation in E-Verify by certain federal contractors and their subcontractors. (For our latest update, see the February 2009 issue of the Immigration eAuthority.)

Below is a summary of other recent developments in immigration compliance:

• A new Form I-9 and certain regulatory changes became effective on April 3. For a summary of the new requirements, see Ogletree Deakins’ April 3, 2009 E-Alert. 
• A Rhode Island state court upheld the Governor’s executive order requiring contractors doing business with the state to use E-Verify.
• Nebraska passed a new law requiring public employers and contractors to use E-Verify.
• The U.S. Department of Labor (DOL) announced that a New Jersey firm agreed to pay $509,607 in back wages to 67 H-1B workers. Although the company did not concede it failed to meet the wage requirements contained in the H-1B program rules as determined by the 18-month DOL investigation, they agreed to pay the back wages to settle any potential claims or fines.

Against the backdrop of regular enforcement activity, employers are reminded to revisit current procedures relating to immigration compliance and to consider completing a self-audit of their records and procedures.

Note: This article was published in the April 2009 issue of the Immigration eAuthority.