Due to the federal government shutdown E-Verify — the electronic employment eligibility verification program that compliments the Form I-9 — is unavailable. This means, among other things, that employers cannot access their E-Verify account during this time and until the federal government reopens. This will affect employers ability to enroll in E-Verify, create cases and address Tentative Non-Confirmations (TNCs). 

In the meantime, employers must still complete the Form I-9 for all new hires. However, if you participate in E-Verify you will not be able to create a case and must do so when E-Verify is again available. To minimize the burden on both employers and employees, The Department of Homeland Security (DHS), which oversees the program, announced that:

• The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service.

• The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.

• Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

• Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines

Read more about the E-Verify policies implemented during the shutdown by clicking here. In addition, if you have any questions about compliance and how this will impact your organization, please contact your KatzAbosch representative.

This update brought to you by: Your trusted advisors at KatzAbosch