The new E-Verify requirement, that would have required certain federal contractors and subcontractors to electronically verify the employment eligibility of their employees using the government’s E-Verify online system, has once again been postponed. The rule, which was originally postponed from January 15, 2009 to February 20, 2009 has now been pushed back again. The initial postponement was caused by federal court litigation that sought to make it an invalid rule. The Obama administration, in response to concerns over the E-Verify requirement, have asked for additional time to review the requirement. The rule is now postponed until May 21, 2009 and may not be implemented at all, based on the results of the executive review of the requirement and the E-Verify program.

Until that date, participation by businesses, including federal contractors and lay companies, in the E-Verify program remains voluntary. The only exception to this is for employers with businesses in states that have laws requiring the use of the E-Verify program.