E-Verify Resumes Operations After Government Shutdown | Practical Law

E-Verify Resumes Operations After Government Shutdown | Practical Law

The US Citizenship and Immigration Services (USCIS) announced that E-Verify has resumed operations following the federal government shutdown and described actions for employers enrolled in E-Verify to take for certain categories of employees.

E-Verify Resumes Operations After Government Shutdown

Practical Law Legal Update 2-545-9285 (Approx. 3 pages)

E-Verify Resumes Operations After Government Shutdown

by Practical Law Labor & Employment
Published on 18 Oct 2013 • USA (National/Federal)
The US Citizenship and Immigration Services (USCIS) announced that E-Verify has resumed operations following the federal government shutdown and described actions for employers enrolled in E-Verify to take for certain categories of employees.
On October 17, 2013, the US Citizenship and Immigration Services (USCIS) announced that E-Verify has resumed operations following the shutdown of the federal government. All E-Verify features and services are now available. In light of this development, employers that are enrolled in E-Verify should take action for the following categories of employees:
  • Employees hired (or otherwise requiring case initiation) during the government shutdown. Employers must, by November 5, 2013:
    • create an E-Verify case for each employee; and
    • when prompted to explain why the case is late, select "Other" and enter "Federal government shutdown."
  • Employees who received a Tentative Nonconfirmation (TNC). Employees who had a TNC referred between September 17, 2013 and September 30, 2013 and were unable to contest that TNC because of the government shutdown will be allowed additional time to resolve the TNC. Employers should:
    • add 12 federal business days to the date printed on the "Referral Letter" or "Referral Date Confirmation" (federal business days are Monday through Friday, and do not include federal holidays); and
    • remind employees to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) to resolve their TNC by the new date.
  • Employees who decided to contest a TNC while E-Verify was unavailable. Employers should now initiate the referral process in E-Verify.
  • Employees who received a SSA Final Nonconfirmation (FNC) or DHS No Show (No Show). For employees who received an FNC or No Show because they were unable to contact the SSA or DHS during the shutdown or in the first ten days after the government reopened, employers should ensure the employee has time to contest and resolve the TNC that led to the FNC or No Show, by:
    • closing the case;
    • selecting "The employee continues to work for the employer after receiving a Final Nonconfirmation result/No Show result"; and
    • entering a new case in E-Verify for that employee.
The USCIS announcement reminds employers that Form I-9 requirements were not affected during the government shutdown. All employers must complete a Form I-9 for every individual hired for pay in the US during the shutdown.
For more information, see Practical Law's Immigration Compliance Toolkit and the resources listed in Related Content.