E-Verify is once again available for use by employers following the end of the federal government shutdown. As reported in our last alert, during the shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify. Now that E-Verify is again available, the Department of Homeland Security (DHS) has released guidance and instructions to employers who were impacted by E-Verify’s temporary unavailability.
Extension of the Three-Day Rule: Employers normally have three (3) days from the date of hire to create a new E-Verify case for new hires. However, DHS has announced that employers will have until November 5, 2013 to create new E-Verify cases for any employees hired during the shutdown. In the event the E-Verify system requires a reason for the delay of the case, DHS has instructed employers to choose the “other” option from the drop-down list and enter “federal government shutdown” in the text field.
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