With the partial government shutdown currently over, E-Verify has resumed operations. Employers may again submit employment verification cases for new hires. E-Verify posted guidance on their website on what employers should do regarding cases they were unable to submit during the partial shutdown, as well as how Tentative Nonconfirmations (TNCs) will be processed going forward. Here are key points from the guidance:
- Employers who participate in E-Verify must create an E-Verify case by February 11, 2019 for each employee hired while E-Verify was not available. Employers must use the date of hire from the employee’s Form I-9 when creating the E-Verify case. If the case creation date is more than 3 business days following the date of hire, employers should select “Other” from the drop-down list and enter “E-Verify Not Available” as the specific reason.
- Employers should submit E-Verify as usual for all employees who have been hired within the last 3 business days.
- If an employee received a TNC and notified you of his or her intention to contest it by February 11, 2019, you must revise the date by which your employee must contact the Social Security Administration or Department of Homeland Security to resolve the TNC. To do this, add 10 federal business days (meaning Monday through Friday) to the date on your employee’s “Referral Date Confirmation” notice. Give the revised notice to your employee. Employers may reprint the “Referral Date Confirmation” by logging into E-Verify, selecting the employee’s case and selecting the “Print Confirmation” button. You should then cross out the old date and insert the new date. Employees have until this new date to contact the federal agency stated on the notice to resolve their case.
The full guidance can be found here: https://www.e-verify.gov/e-verify-resumes-operation.
Because this may only be a temporary reopening of many federal government agencies, including USCIS and E-Verify, the service may be affected again in the future if there is another shutdown. Employers Council will continue to monitor E-Verify accessibility and provide additional updates.
We encourage members to contact us with any questions regarding E-Verify or the Form I-9.