E-Verify Back Online With February 11th Compliance Deadline
E-Verify, the federal system used by some employers to confirm eligibility of employees to work has reopened following the 35-day partial government shutdown. During the shutdown E-Verify was unavailable. As are result, the “three-day rule” for creating E-Verify cases was suspended and the time period during which employees may resolve Tentative Nonconfirmations (“TNC”) was extended. However, employers were still required to timely complete Form I-9 requirements. With the resumption of E-Verify services, participating employers must take the following steps immediately:
- Creating E-Verify Cases: Create an E-Verify case for every employee hired during the shutdown by Monday, February 11, 2019. Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. Additionally, if the case creation date is more than three days following the date the employee began working for pay, employers must select “Other” from the drop-down list and enter “E-Verify Not Available” as the specific reason.
- Addressing TNCs: Employees whom received a TNC are provided additional time to begin the process of resolving their TNC. For employers whose employees notified them of their intent to contest a TNC result by February 11, 2019, employers must add 10 federal business days to the date on an employee’s “Referral Date Confirmation” notice and give a copy of the revised notice to the employee. Federal business days are Monday through Friday and do not include federal holidays. Employees have until the revised date to contact either the Social Security Administration (“SSA”) or Department of Homeland Security (“DHS”) to begin to resolve their cases. If a TNC was referred after E-Verify resumed operations, employers should not add days to the time the employee has to contact SSA or DHS.
- Federal Contractors: Any calendar day during which E-Verify was unavailable due to the partial government shutdown should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation. Federal contractors should contact their contracting officer for more information on federal contractor responsibilities.
Lastly, DHS is anticipating an increase in E-Verify support requests due to the partial government shutdown. As a result, users may experience longer than normal delays and response times.
We will continue to closely monitor employers’ continuing compliance obligations, especially with the possibility of another government shutdown on February 15.
** This newsletter/memo is provided for informational and discussion purposes only. It does not act as a substitute for direct legal contact on an individual basis **