By: Josune Aguirre
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Here are 5 things to know about E-Verify during the government shutdown.
1. E-Verify is unavailable during the government shutdown as the lapse in government appropriations affects the web-based system. The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
2. While E-Verify is unavailable, employers will not be able to access their account to enroll in E-Verify; create a case; view or take action on any case; add, delete, or edit any user account; reset passwords; edit company information; terminate accounts; resolve E-Verify Tentative Nonconfirmations (TNCs); and, run reports.
3. Employers must still complete Form I-9 no later than the third business day after an employee starts work and comply with all other Form I-9 requirements.
4. Once E-Verify is available, all completed Form I-9s for new hires during the government shutdown must be completed.
5. 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 resolve their TNCs.
Additional guidance will be provided once E-Verify operations resume. As such, employers should plan accordingly and contact an immigration attorney with questions.