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Groups Challenge E-Verify with Emergency Motion to Delay

September 4, 2009

Groups challenging the federal contractor E-Verify regulation have filed an emergency motion for an injunction to delay implementation. The district court recently upheld the regulation, and the injunction is sought during the appeal of that decision.

The E-Verify regulation, currently scheduled to become effective September 8, 2009, requires certain federal contracts and solicitations issued after September 8, 2009 to include a clause requiring use of E-Verify. Employers are required to enroll in E-Verify within 30 days of being awarded a contract with the E-Verify clause. Human Resources should coordinate with those completing contracting functions to monitor when the E-Verify requirement is added to contracts resulting in the employer's need to register for E-Verify.

In anticipation of implementation of the regulation, the Department of Homeland Security (DHS) is offering free E-Verify web seminars. The sessions will include an overview and demonstrations of the E-Verify system. Session dates and registration information are available on the DHS website.

Varnum will continue to provide updates, and we are available to answer questions on the E-Verify requirements and implementation.

For more about this or any other immigration or work authorization matter, contact Kimberly Clarke or by phone at 616/336-6441 or Nina Thekdi or 248/567-7406.

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