E-Verify Resumes Operations

In the wake of the federal shutdown, the E-Verify employment eligibility verification system is back online. Participating employers have until November 5, 2013 to initiate E-Verify cases for employees hired during the shutdown, according to new guidance from USCIS. With the system back online, USCIS has extended certain deadlines for E-Verify issues.

E-Verifying Employees Hired During the Federal Shutdown

If your organization hired new employees during the shutdown, you must be sure to initiate an E-Verify case for each new hire by November 5. If you are prompted by the system to provide a reason why the case was not initiated within the required three-day period, you should select “Other” from the drop-down list of reasons and enter “federal government shutdown” in the space provided.

Employers are reminded that the Form I-9 obligations were not affected during the federal shutdown. All employers were required to complete and maintain a Form I-9 for every person hired to work for pay in the United States during the shutdown.

Resolving Tentative Nonconfirmations

Employees who received a Tentative Nonconfirmation (TNC) between September 17, 2013 and September 30, 2013, but were unable to resolve it due to the shutdown will receive an additional 12 federal business days from the date printed on their E-Verify referral letter or referral date confirmation. (Federal business days are Monday through Friday and do not include federal holidays.) Affected employees should contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) by the new deadline to resolve their cases.

If your organization has employees who decided to contest a TNC during the federal shutdown, you should now initiate the referral process for them in E-Verify.

Employers may not take any adverse action against an employee because of a TNC.

Resolving Final Nonconfirmations and No Show Results

If an employee received a SSA Final Nonconfirmation (FNC) or a DHS No Show result due to the federal shutdown, your organization should close the case, selecting “The employee continues to work for the employer after receiving a Final Nonconfirmation” or “The employee continues to work for the employer after receiving a No Show result.” Your organization must then enter a new E-Verify case for the employee.

E-Verify for Federal Contractors

Federal contractors were unable to enroll in or use E-Verify during the federal shutdown. If your organization missed a deadline because E-Verify was unavailable or if your organization has an upcoming deadline for complying with the federal contractor rule, follow the guidance above for employees hired during the shutdown. Affected federal contractor employers should also notify their contracting officer of USCIS’s instructions.

USCIS anticipates an increase in requests for assistance from E-Verify Customer Support and cautions that there may be delays in response times. If you have any E-Verify questions, please contact your designated Fragomen professional. You may also contact [email protected].