“Due to the lapse in federal funding, this website will not be actively managed. E- Verify and E-Verify services are unavailable.” - Official E-Verify Website.
Following a partial shutdown of the U.S. federal government, the electronic employment eligibility verification service will be unavailable indefinitely. Starting December 22, 2019, the E-Verify Website will not be actively managed due to lack of federal funding for the U.S. Department of Homeland Security.
E-Verify is shutdown. What does that mean?
During the partial government shutdown, employers will not be able to access the E-Verify platform to enroll in E-Verify, create a new E-Verify case, or view and manage any current case. Furthermore, employers will be unable to manage user accounts, passwords, company settings, or run reports.
Managing Tentative Nonconfirmations (TNCs)? Employees will unfortunately be unable to resolve TNCs during the shutdown, along with a number of other employer operations. To minimize the impact of this partial government shutdown on employers and employees, the following E-Verify policies have been implemented:
- TNCs Extended - The time period during which employees may resolve Tentative Nonconfirmations will be extended. The time period that E-Verify is down will not count towards the the standard number of days that an employee has to begin the process of resolving the TNC. *Please note, we anticipate the clock to begin ticking as soon as E-Verify is again available. So it’s crucial you stay updated on the status of E-Verify to ensure you are able to inform your employees and resolve TNCs accordingly.
- Three-Day Rule Suspended - Known as the “three-day rule,” employers typically have three days from the employee’s first date of work (paid hire) to submit an E-Verify case. This three-day rule is suspended for cases affected by the current E-Verify shutdown.
* Once E-Verify is reinstated, the Department of Homeland Security (DHS) will provide further direction regarding the three-day rule and resolving TNCs. Be sure to consistently check the E-Verify and U.S. Citizenship and Immigration Services (USCIS) websites.
- Employer Action - Employers may not take action against an employee because the E-Verify case is in an interim case status. This includes while the employee’s case is in an extended interim case status due to the E-Verify shutdown.
- Federal Contractors - Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify Clause should contact their contracting officer regarding extending federal contractor deadlines.
Please note that myE-Verify Accounts are inaccessible during the shutdown. Therefore, employers will not be able to access their myE-Verify account to use the following tools:
- Self Check
- Self Lock
- Case History
- Case Tracker
Back-pay to Federal Workers
As the partial government shutdown extended into its 26th day, President Trump signed a bill guaranteeing back-pay to federal workers furloughed during the shutdown.
“With full support of the President of the United States, just moments ago the House of Representatives passed legislation that will ensure that all the dedicated professionals at Custom and Border Protection and all of the agencies affected by this shutdown will be paid in full,” Vice President Pence told U.S. Customs and Border Protection agents in Washington, D.C.
Nonetheless, The Washington Post reports that non-federal employers across the country, especially those who regularly hire immigrants, are concerned about completing and portion of the hiring process while E-Verify is shutdown. According to the official E-Verify Website, the platform used by more than 750,000 registered employers, including more than 2.4 million hiring sites. More than 1,400 new companies sign up to participate in E-Verify every week.
Several helpful E-Verify Resources are still available, for your reference:
- For information on interim cases statuses and E-Verify resources see E-Verify publications and Questions and Answers.
- We recommend all employers and employees refer to the E-Verify User Manuals or Guides and the E-Verify website for questions and answers.
- We encourage E-Verify Employer Agents to see the Supplement Guide for E-Verify Employer Agents.
Have questions about E-Verify or the shutdown?
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