E-Verify Operations Resume After Government Shutdown

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On October 17, 2013, E-Verify resumed operations after the government shutdown.  The U.S. Citizenship and Immigration Service has issued detailed guidance on how to handle E-Verify functions affected by the shutdown, which is summarized below: 

Information for Employers

If an employee had a Tentative Nonconfirmation (TNC) referred between September 17, 2013, and September 30, 2013, and was not able to resolve the TNC due to the federal government shutdown, employers are instructed to add 12 federal business days to the date printed on the “Referral Letter” or “Referral Date Confirmation.”  Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases.  If an employee decided to contest his or her TNC while E-Verify was unavailable, the employer should now initiate the referral process in E-Verify.  Employers may not take any adverse action against an employee because of a TNC. 

If an employee received a Final Nonconfirmation (FNC) or No Show because of the federal government shutdown, employers are instructed to close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.”  The employer must then enter a new case in E-Verify for that employee.  These steps are necessary to ensure the employee is afforded the opportunity to timely contest and resolve the TNC that led to the FNC result.

Employers must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013.  If employers are prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), they are instructed to select “Other” from the drop-down list of reasons and enter “federal government shutdown” in the field.

During the federal government shutdown, federal contractors could not enroll or use E-Verify as required by the federal contractor rule.  If the contractor missed a deadline because E-Verify was unavailable or if it has an upcoming deadline for complying with the federal contractor rule, the contractor is instructed to follow the instructions above and to notify the contracting officer of these instructions.

Information For Employees

If the federal government shutdown prevented the employee from contesting a TNC, he or she will be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS). 

If the employee’s TNC was referred between September 17, 2013, and September 30, 2013, and the employee was not able to resolve the mismatch due to the federal government shutdown, he or she should:

  • Add 12 federal business days to the date printed on the “Referral Letter” or “Referral Date Confirmation” that the employer provided after the TNC was contested.  Federal business days are Monday through Friday and do not include federal holidays.
  • Contact SSA or DHS by the new date to resolve the TNC.

If the employee received an FNC because he or she could not contact DHS or SSA during the federal government shutdown or in the first ten days after the government reopened, the employee is instructed to contact the employer and request that the employer re-enter the query.

Topics:  DHS, E-Verify, Government Shutdown, Social Security Adminstration, Tentative Nonconfirmation, USCIS

Published In: Government Contracting Updates, Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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