E-Verify suspended during the shutdown: what this means

| Jan 16, 2019 | Employment Immigration

In a previous post, we discussed some of the ways in which the current partial government shutdown is affecting immigration services. One of the areas that is currently out of operation is the E-Verify system. This system impacts immigrants and U.S. citizens alike.

E-Verify is an online system, which employers can use to confirm the eligibility of their employees to work in the U.S. It does this by comparing information on an employee’s I-9 form, Social Security Administration records and Department of Homeland Security records.

During the partial government shutdown, all E-Verify services are suspended. Users cannot create or delete accounts, view their cases, run reports or use any other E-Verify functions. This suspension of service may raise some questions and concerns for users whose verification is pending:

  • Three-day rule: Normally, employers using E-Verify must ensure that their employee’s I-9 form is completed no later than three business days after their first day of work. The employer must also submit this form through the E-Verify system by this deadline—or else face significant fines. During the shutdown, the three-day rule is not in effect.
  • TNCs: An employee who receives a Tentative Nonconfirmation (TNC) finding from E-Verify has the opportunity to contest this decision—and they are given a fixed time period in which to do so. During the shutdown, TNC deadlines are extended—and the days during which the government is shut down will not count against this timeframe.
  • In limbo: If your case is in an interim status during the shutdown, your employer is not allowed to take any adverse action against you for this.

The partial government shutdown has created added stress and anxiety for people in many walks of life across the country. Stay tuned for further updates on this situation.