E-Verify Is Not Available During Government Shutdown

by Mammoth Team on January 3, 2019


Due to the partial government shutdown, E-Verify is not currently available. During this time, employers will be unable to enroll in E-Verify; create an E-Verify case; view or take action on any case; add, delete or edit any user account; reset passwords; edit company information; terminate accounts; run reports; or resolve E-Verify Tentative Nonconfirmations (TNCs).

To minimize the burden on both employers and employees, the Department of Homeland Security (DHS) has implemented the following policies:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
  • 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 the “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.

Once the shutdown is over, we expect that DHS will provide instructions to employers. Employers must still complete Form I-9 no later than the third business day after an employee starts work and comply with all other Form I-9 requirements.

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Topics: Federal Law Alert