E-Verify is a web-based federal program where employers verify identity and work authorization of employees. E-Verify is operated by the US Citizenship & Immigration Service (USCIS), which is within the US Department of Homeland Security (DHS).
Although most of USCIS operations continued unaffected during the government shutdown that began on October 1, E-Verify became unavailable on October 1. USCIS announced on October 9 that it is again operational, and employers enrolled in E-Verify must resume using the program immediately.
USCIS explains deadlines and details of how to catch-up on cases here, but some highlights are below. The current Administration has prioritized I-9 and E-Verify compliance and has been conducting investigations and levying penalties. It is important for employers to heed these instructions and deadlines.
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Employers must create an E‑Verify case by Tuesday, Oct. 14, for each employee hired while E‑Verify was not available.
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Use the hire date from the I‑9 when creating the E‑Verify case.
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If case creation is 4-plus days after the first day of work, select “Other” from the “Select a Reason for Delay” drop-down menu, and enter “E‑Verify not Available” as the specific reason in the “Reason for Delay” text box.
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Regarding Tentative Non-confirmations (Mismatches) – revise the date by which the employee must contact the Social Security Administration (SSA) or DHS to begin resolving the mismatch by choosing one of the following three options (with the first option being preferred):
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Print a new “Referral Date Confirmation” notice that will have the new date. To reprint a copy of the employee’s “Referral Date Confirmation,” log in to E‑Verify, select the employee’s case, and select the “Print Confirmation” button;
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Log in to E‑Verify, selecting the employee’s case to find their new referral date, and write the new date on the previously issued “Referral Date Confirmation” notice; or
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Add six federal business days to the date on the employee’s “Referral Date Confirmation” notice.
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Regarding Federal Contractor Deadlines – any calendar day when E‑Verify was unavailable will not count toward any of the federal contractor deadlines.
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