E-Verify Services Unavailable During Partial U.S. Government Shutdown

Written By ESR News Blog Editor Thomas Ahearn

The E-Verify electronic employment eligibility verification service will be unavailable and the E-Verify website at www.e-verify.gov will not be actively managed due to a lapse in federal funding for the U.S. Department of Homeland Security (DHS) that led to a partial shutdown of the United States federal government that began on December 22, 2018, according to a notice on the E-Verify website.

NOTICE: Due to the lapse in federal funding, this website will not be actively managed. This website was last updated on December 21, 2018, and will not be updated until after funding is enacted. As such, 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 appropriations are enacted.

E-Verify and E-Verify services are currently unavailable due to a lapse in government appropriations. While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to enroll in E-Verify, create an E-Verify case, view or take action on any case, add, delete or edit any user account, reset passwords, edit company information, terminate accounts, and run reports.

Employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. E-Verify policies have been implemented to minimize the impact of the partial government shutdown. Since E-Verify’s unavailability may have a significant impact on employer operations, the following policies have been implemented to minimize the burden on both employers and employees:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
  • 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.
  • The DHS will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
  • Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
  • Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.

For convenience, several free E-Verify resources are still available. E-Verify publications and Questions and Answers provide information on interim cases statuses and E-Verify resources. Employers and employees can refer to the E-Verify User Manuals or Guides and the E-Verify website for questions and answers. E-Verify Employer Agents can view the Supplement Guide for E-Verify Employer Agents.

The lapse in government appropriations for the DHS leading to the partial government shutdown does not affect ‘Form I-9, Employment Eligibility Verification’ requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements outlined in the Handbook for Employers (M-274) and on I-9 Central.

In addition, myE-Verify will unavailable and employees will not be able to access their myE-Verify accounts to use Self Check, Self Lock, Case History, and Case Tracker. However, employees may visit the Resource Center and Employee Rights Toolkit for information on their rights and roles in the Form I-9 and E-Verify processes. Form I-9, E-Verify, and myE-Verify support representatives will not be available.

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). To learn more about E-Verify, visit www.e-verify.gov.

A federal government shutdown in the United States occurs when Congress and the President fail to pass appropriations legislation funding government operations and agencies. Since 1976, there have been federal government shutdowns in 1980, 1981-19861990, 1995–19962013, and 2018. There have been three government shutdowns so far in 2018, in January, February, and December.

ESR is a Designated E-Verify Employer Agent

Employment Screening Resources® (ESR) – a leading global provider of background checks – is not a typical background screening firm and does not intend to become one. ESR is also a Designated E-Verify Employer Agent that helps employers with Form I-9 and E-Verify compliance. To learn more about Form I-9 and E-Verify services from ESR, visit www.esrcheck.com/Background-Checks/Form-I-9-E-Verify/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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