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Greg Siskind on Immigration Law and Policy

EFFECTIVE DATE OF E-VERIFY FEDERAL CONTRACTOR RULE BEING PUSHED BACK

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The Bush Administration has announced that they are postponing the implementation date of the E-Verify mandate for federal contractors until February 20, 2009 after negotiations with various parties to a lawsuit challenging the new law. Here is the US Chamber's press release:





E-Verify FAR rule being postponed - Free Legal Forms

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  1. USC's Avatar
    I also received this email from my real estate law firm. They have obtained an injunction preventing E-Verify from being implemented:

    http://www.proskauer.com/news_publications/client_alerts/content/2009_01_09_b/_res/id=PDF/17317-Proskauer%20Obtains%20Stay%20Of%20Implementation%20of%20E-Verify%20Regulation-ca-v5.pdf

  2. Greg Siskind's Avatar
    Thanks USC. This is the same case. Proskauer is the firm that represented the US Chamber. They didn't actually get an injunction. Just a stay of implementation until February 20th. A victory nonetheless since it means that it will be after the inauguration.
  3. USC's Avatar
    Thanks Greg. I must learn to pay more attention.
  4. USC's Avatar
    GAO states that INS is misrepresenting the cost of US-VISIT:

    http://www.travelweekly.com/Article.aspx?id=184594&terms=dhs+underestimating

  5. Liz's Avatar
    With regard to E-Verify, here's the link to a legal opinion paper from an attorney at Michael Best & Friedrich regarding how E-Verify applies for your responsibility regarding independent contractors and sub-contractors.

    http://www.mbopartners.com/blog/categories/E-Verify.html?id=91&category=11&type=43

    Interesting stuff -- government contractors who fail to comply with E-Verify may be debarred from doing business with the government, but compliance isn't exactly simple. If you have misclassified employees as contractors (and therefore not performed E-Verify on them) then you may be out of compliance. But to perform E-Verify on contractors is inappropriate, probably illegal, and can tilt the classification decision (in the event of a misclassification audit) in the direction of making these people look like employees, as you have treated them as employees for purposes of verifying employment eligibility.

    In conclusion, according to the paper (available full text at that link) your E-Verify compliance is ONLY as good as your independent contractor classification compliance.
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