E-Verify for Federal Contractors: Final Rule Moves Forward

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On October 31, 2008, the Office of Management and Budget (OMB) completed its review of a final rule that would require most federal contractors to enroll in the E-Verify program as a condition of all federal contracts. The proposed rule was published in June 2008 for notice and comment. The final rule appears to be moving on a fast track, as it cleared OMB just two weeks after submission. The rule is based on an Executive Order which requires all employers who are federal contractors to enroll in and use the E-Verify system. It is unknown exactly when the rule will be published, but we expect it will be published in the near future, as it is widely reported that the Bush Administration is planning to implement a publish a large number of long-delayed regulatory changes prior to its departure from the White House in January 2009.

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