Government shutdown makes E-Verify unavailable
Posted January 7, 2019
The federal government shutdown has forced some of its many provisions to go unavailable. One of those provisions is the E-Verify system.
While E-Verify is unavailable, employers are not able to access their E-Verify accounts to:
- Enroll in E-Verify;
- Create an E-Verify case;
- View or take action on any case;
- Add, delete, or edit any user account;
- Reset passwords;
- Edit company information;
- Terminate accounts; and
- Run reports.
Also, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).
This unavailability may have a significant impact on employer operations. To minimize the burden on both employers and employees, the U.S. Citizenship and Immigration Services (USCIS), which governs E-Verify, implemented the following policies:
- The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
- The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.
- USCIS will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
- Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
- Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.
The lapse in government appropriations does not affect Form I-9, Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements.
During the shutdown, telephone and email support from the USCIS is also unavailable.
This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc.
J. J. Keller's I-9 and E-Verify Essentials Manual contains up-to-date info on new Form I-9 requirements and the entire employment authorization process.
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