E-Verify Unavailable Due to Shutdown

E-Verify is Currently Unavailable Due to the Federal Government Shutdown

In the event you use E-Verify, and have tried to process new hires, this is to let you know that it is not you (the company), it’s them (DHS). E-Verify is currently not available – it is part of the federal government shutdown.

If you access the site, a large red banner at the top now reads: “Information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.”

Until the shutdown is over, funding is authorized, and DHS has a chance to ramp the program back up, employers cannot enroll in E-Verify. Those already participating cannot access their E-Verify accounts; create a case; view or take action on any case; add, delete, or edit accounts; reset passwords; edit company information; terminate accounts; or run reports.

Workers will not be able to resolve questions about their status. The DHS cannot resolve E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. In addition, myE-Verify will be unavailable, and employees will not be able to access their myE-Verify accounts.

During the shutdown, DHS announced the following new policies to minimize the burden on both employers and employees: First, the “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify. Second, 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 begin the process of resolving their TNCs. DHS will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.

Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.

What This Means for Employers:

Whether your company uses E-Verify does not change employers’ obligation to complete work authorization. Employers must 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. Contact Barsamian & Moody for help maintaining compliance during the government shutdown.

The goal of this article is to provide employers with current labor and employment law information. The contents should neither be interpreted as, nor construed as legal advice or opinion. The reader should consult with Barsamian & Moody at (559) 248-2360 for individual responses to questions or concerns regarding any given situation.