E-Verify is a program that allows employers to compare information from an employee’s Form I-9 to DHS and Social Security Administration records to confirm employment eligibility. Employers who enroll in the program via a website are required to run checks on new workers within three days of hire.
DHS announced recently that during the shutdown the E-Verify website will not be managed or updated, stating “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after the appropriations are enacted.”
This means that, until the shutdown ends, employers will be unable to enroll in the program, access or edit accounts, start or take action on a query, or resolve tentative non-confirmations (TNCs) with affected workers.
What does this mean for employers? DHS has announced that employers will not be penalized for the shutdown and that the three-day rule for creating E-Verify cases will be suspended for any case affected by the program’s unavailability. Further, the number of days E-Verify is unavailable will not count toward the days allotted to resolve a TNC. DHS stated that after the shutdown is ended and functions resume, the agency will put out further guidance on resolving cases affected by the shutdown.
Employers should note that the requirement to verify employment eligibility remains in effect during the government shutdown. Therefore, you are still required to complete Section 1 of an employee’s Form I-9 by the end of the first day of employment, and Section 2 no later than the third business day after the employee starts work.
Best practice would be to monitor the shutdown, comply with all other Form I-9 requirements, and keep track of any new employees hired during the shutdown for whom you are unable to run an E-Verify query. Additionally, employers must not take any adverse action against employees who are in an interim case status due to the shutdown. Once the shutdown has ended, employers should log on to their E-Verify accounts and follow any instructions for creating and submitting queries to work through their backlog.
For questions on E-Verify and the effect of the partial federal government shutdown, contact Wilson Jarrell at firstname.lastname@example.org or (503) 276-2181.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2020 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2020 por Barran Liebman LLP.