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Final rule for E-Verify is delayed

NRCA is pleased U.S. Citizenship and Immigration Services (USCIS) announced April 16 that the effective date of the final rule that, if implemented, would require federal contractors and subcontractors to use the E-Verify program to verify the eligibility status of their workers has been delayed until June 30. This rule was proposed by the Bush administration during fall 2008 and originally was scheduled to take effect Jan. 15. It previously had been delayed until May 21.

The delay will allow more time for the Obama administration to review the rule before deciding whether to implement, modify or rescind it. Also, litigation by several business organizations against the rule is continuing, and developments regarding this litigation are expected before June 30. NRCA opposes the rule because mandating the use of the E-Verify program would result in serious work force disruptions and/or additional costs for roofing contractors who engage in federal contracting.

In another important development, NRCA continues to monitor the ongoing litigation regarding the U.S. Department of Homeland Security's "no-match" rule—also issued during fall 2008 by the Bush administration—which cannot take effect until a court-issued injunction against the rule is lifted. Most recently, the court issued a 60-day extension of deadlines for filing legal motions in the case, which will further delay the court proceedings and any possibility of having the injunction lifted. NRCA hopes the ongoing litigation regarding the no-match rule will enable the Obama administration to develop the basis to rescind the rule.

NRCA continues to work toward having the E-Verify and no-match rules rescinded, modified or further delayed. To view the USCIS announcement regarding E-Verify, click here. If you have questions or comments, please contact Duane Musser, NRCA's vice president of government relations, at (800) 338-5765 or dmusser@nrca.net.

4/20/2009  

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