E-Verify System Offline Due to Government Shutdown
As a result of the shutdown of the federal government, the E-Verify system is currently unavailable. E-Verify’s unavailability will have a significant impact on human resource operations for participating employers. To minimize the burden, USCIS has relaxed a number of important requirements.
E-Verify is an Internet-based system run by United States Citizen and Immigration Services (USCIS) that allows businesses to determine the eligibility of their employees to work in the United States. While E-Verify is unavailable, employers are not able to:
- Enroll any company in E-Verify
- Verify employment eligibility
- View or take action on any case
- Add, delete, or edit any User ID
- Reset passwords
- Edit your company information
- Terminate an account
- Run reports
- Contact E-Verify Customer Support
In addition, employees are unable to resolve Tentative Nonconfirmations (TNCs) or access the E-Verify Self Check system.
While the system is unavailable, USCIS has announced that the following changes to normal E-Verify protocol will be in effect:
- The “three-day rule” for E-Verify cases is suspended for cases affected by the shutdown. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay. USCIS will provide additional guidance for cases impacted by the shutdown once the system is back online.
- The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count toward the eight federal government workdays the employee has to go to SSA or contact DHS.
- Federal contractors complying with the federal contractor rule should contact their contracting officer to inquire about extending deadlines.
- 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 a federal government shutdown (consult the E-Verify User Manual for more information on interim case statuses).
If you have any questions about the impact of the federal government shutdown on your E-Verify, I-9, or other immigration-related obligations, please contact one of DWT’s immigration attorneys.