May 31, 2009

Contractors will remain exempt from the E-Verify rule until at least Sept. 8.

The Homeland Security Department is expected to delay the deadline again, from June 30, for mandatory contractor use of the E-Verify employment verification system, Jennifer Kerber, vice president for federal and homeland security policy for TechAmerica, wrote in an e-mail message to members today.

The rollback is “to allow President Barack Obama's administration more time to complete its review of the rule,” Kerber wrote.

An official notice from the administration is expected later this week, she said.

It would be the fourth time DHS' U.S. Citizenship and Immigration Services agency has delayed the controversial rule. Under former President George W. Bush’s executive order, about 168,000 federal contractors were to begin using E-Verify in January. The order applies to contracts of more than $100,000 and subcontracts of more than $3,000.

Under E-Verify, employers electronically submit Social Security numbers for new hires and existing employees. If there is a match, an employee is eligible for work. Otherwise, further assessments are made. The system has been criticized for errors in the databases.

The U.S. Chamber of Commerce has filed a lawsuit challenging the rule. The case is pending in the U.S. District Court for the District of Maryland.

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