Immigration Alert: E-Verify Is Currently Unavailable

Nexsen Pruet, PLLC

As of Oct. 1, 2013, employers will not be able to access their E-Verify accounts because of the federal government’s partial shutdown. As a result, employers will not be able to verify employment eligibility or view or take any action in any case previously initiated in E-Verify. In addition, employers will not be able to resolve any Tentative Nonconfirmations (TNCs) until E-Verify reopens. We will await further guidance from the USCIS and the Department of Homeland Security once the agencies reopen.

The Three-Day E-Verify Rule

In the interim, the “three-day rule” for initiating E-Verify cases is currently suspended. Further guidance will be provided once the USCIS E-Verify unit reopens. This does not impact the requirement that Form I-9 must be completed no later than the third business day after an employee starts work for pay.

Resolving TNCs

The time period in which employees can resolve TNCs will be extended. Days in which the federal government is closed will not count toward  the eight federal government workdays that an employee receiving the TNC has to go to the Social Security Administration or the Department of Homeland Security.

Federal Contractors and E-Verify

Federal contractors who must use E-Verify are affected by the above. Contractors should contact the contracting officer (CO) to ask about extending any deadlines they may be facing.

No Adverse Action

During the federal government’s partial shutdown, employers should not take any adverse employment actions against any employees who may be trying to resolve TNCs. Consult the E-Verify User Manual for cases in an interim case status (such as a TNC).

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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