E-Verify expired during the Government shutdown. During the shutdown, employers will not be able to enroll in E-Verify; access E-Verify accounts; create a case; view or take action on any case, including resolving Tentative Nonconfirmations (TNCs); add, delete or edit accounts; reset passwords, edit company information, terminate accounts, or run reports. You can continue to hire new employees, even in states that require E-Verify.
To minimize the burden, DHS announced that:
- The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service.
- The time period during which employees may resolve tentative non-confirmations (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.
- Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.
A few more tips:
- Employers should not to take any adverse action (i.e., denial of hire or termination) against employees while an E-Verify case remains in an interim or limbo status.
- Federal contractors with the E-Verify clause should contact their contracting officer (if available during the shutdown) to inquire about extending federal contractor deadlines.
Employers must still complete the 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. This is especially important considering the increase in "no knock" I-9 audits by the Immigration and Customs Enforcement (ICE) agency. Click here for additional info.
In other words, the shutdown -- causing any employer's inability to access E-Verify during the duration -- does not affect an employer's responsibility to verify employment eligibility to work in the United States.
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