No E-Verify Due to Government Shutdown
by Benjamin Hase, Esq. - Employers Council
Since December 22, 2018, the federal government has been partially shut down. Many employers who hoped to use the remaining days of the year for new hires found themselves without the ability to utilize or even access E-Verify resources. These resources will continue to be unavailable until normal federal government operations resume. While the partial shutdown continues, there are a few contingency rules in effect with respect to E-Verify. Most importantly, you may continue with your hiring process as usual, without the assistance of E-Verify, on a temporary basis.
First, the "three-day rule" for commencing an E-Verify case is suspended. The Department of Homeland Security (DHS) will provide additional guidance on the exact timeframes within which E-Verify cases must be commenced as soon as DHS is once again fully funded and operational. The same is true for employers who received Tentative Nonconfirmations (TNCs) for employees before the E-Verify system ceased operation on December 22.
Second, employers may not take adverse action against employees because they remain in an interim (or in this case, extended interim) case status.
Last, if you are a federal contractor facing down deadlines because your contract includes the Federal Acquisition Regulation clause which requires E-Verify, contact the federal agency responsible for your contract in order to determine the extended timelines that may be available for you to comply with this clause.
Of course, none of the extensions apply to Form I-9, which must be completed as usual.