E-Verify Unavailable During Government Shutdown


Certain deadlines suspended while system is offline

The United States Citizenship & Immigration Service (USCIS) has announced that the “E-Verify” system for checking job candidates’ authorization to work in the United States will be offline during the government shutdown that began October 1, 2013, and telephone and email support and training services will also be unavailable.  USCIS has stated that while the system is unavailable:

  • The “three-day rule” for E-Verify cases is suspended; and 
  • The time period for employees to resolve “tentative nonconfirmations” (“TNCs”) of their work eligibility is suspended.  That is, days on which the government is closed will not count toward the eight business days within which employees may contact the Social Security Administration or Department of Homeland Security to resolve TNCs.

Note that the unavailability of E-Verify does not affect an employer’s obligation to complete Form I-9.  The form must still be completed on the usual three-day timetable.  Furthermore, an employer may not take any adverse action against an employee whose E-Verify case is in an “interim case status” during the shutdown.

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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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