Proper Procedures in Light of E-Verify Shutdown

Due to the current federal government shutdown, E-Verify is disabled.  Employers are not able to access their E-Verify accounts and confirm employment eligibility.  As a result, USCIS has suspended certain rules and policies, and provided guidance on how employers should proceed during the shutdown.

The “three-day rule” for E-Verify cases is suspended for cases affected by the shutdown. Employers are still responsible for executing and maintaining Form I-9 for all hires and current and former employees.  For a new hire, the employer must complete the Form I-9 no later than the third business day after an employee starts work for pay.

Neither employers nor employees will be able to resolve Tentative Nonconfirmations (TNC), thus the time period during which employees may resolve this issue has been extended.  The days the federal government is closed will not count towards the eight federal government workdays the employee has to go to the Social Security Administration or Department of Homeland Security.

In addition, USCIS stipulated that employers may not take any adverse action against an employee because of an E-Verify Interim case status, including while the employee’s case is in an extended interim case status due to the federal government shutdown.

USCIS suspended all support services related to E-Verify. Employers may send email queries, but USCIS will not be able to respond to the emails until the government is reopened.  Please contact our office if you have any questions.