While the government shutdown in December and most of January, the lack of appropriations resulted in the unavailability of E-Verify services for employers. With the government (at least temporarily) back in business, E-Verify services have resumed, though employers may experience delays in processing times as the system gets back on track.
If you are a company that uses E-Verify, the three-day requirement to verify an employee’s immigration status was also suspended. However, if you hired employees during this time, you need to take action now that the system is running again. First, you still had to collect I-9s for anyone hired to work for wages during the shutdown. Now, you have until February 11 to create an E-Verify case for each employee hired. You should still use the I-9 hire date, but select “E-Verify Not Available” as the reason your case was not created within three days of the hire date.
Employees who want to contest a tentative nonconfirmation (TNC) may also receive additional time to do so. If your employee notified you they planned to contest the TNC by February 11, you should add ten business days (not including federal holidays) to the date by which they must contact the Department of Homeland Security (DHS) or the Social Security Administration (SSA). You can use the E-Verify system to reprint their Referral Date Confirmation and give them notice of the new date.
Just because the government and E-Verify shut down does not mean you do not have to comply with E-Verify requirements. However, expect longer wait times as many people will likely be requesting additional assistance.
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