Government Shutdown Means Federal E-Verify Employment Eligibility Verification System Unavailable

The E-Verify electronic employment eligibility verification system is currently unavailable due to the federal government shutdown that began today, October 1, 2013, according to an alert on the E-Verify page of the U.S. Citizenship and Immigration Services (USCIS) website. The complete alert about the E-Verify unavailability is available at https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES.

While the E-Verify system is unavailable due to a government shutdown, the alert informs employers that they will not be able to access their E-Verify accounts and, as a result, will be unable to:

• Enroll any company in E-Verify.
• Verify employment eligibility.
• View or take action on any case.
• Add, delete or edit any User ID.
• Reset passwords.
• Edit their company information.
• Terminate an account.
• Run reports.
• View ‘Essential Resources.’ (NOTE: All essential resources may be found by visiting http://www.dhs.gov/e-verify.)

In addition, the alert also informs employers that as a result of the E-Verify Customer Support and related services being closed that:

• Employees will be unable to resolve Tentative Nonconfirmations (TNCs).
• Telephone and e-mail support will be unavailable.
• Employers may send e-mails but E-Verify cannot respond until they reopen.
• E-Verify webinars and training sessions are cancelled.
• E-Verify Self Check will not be available.

Since E-Verify’s unavailability may have a significant impact on a company’s operations, the alert also states that the following policies have been implemented to minimize the burden on both employers and employees:

• The ‘three-day rule’ for E-Verify cases is suspended for cases affected by the shutdown. They will provide additional guidance once they reopen. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.
• The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. They will provide additional time once they reopen.
• For federal contractors complying with the federal contractor rule, please contact the contracting officer to inquire about extending deadlines.
• Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown (consult the E-Verify User Manual for more information on interim case statuses).

U.S. law requires companies to employ only individuals who may legally work in the United States – either U.S. citizens or foreign citizens who have the necessary authorization. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. More information about E-Verify is available at http://www.dhs.gov/e-verify.

A Designated E-Verify Employer Agent such as Employment Screening Resources® (ESR) can help businesses comply with E-Verify regulations. Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide background screening firm accredited by The National Association of Professional Background Screeners (NAPBS®). For more information, please visit https://www.esrcheck.com or call Toll Free 888.999.4474.

Source: https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Lester Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. Founder and CEO Rosen literally wrote the book on background checks with ‘The Safe Hiring Manual’ and ESR is accredited by The National Association of Professional Background Screeners (NAPBS®), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. For more information about ESR, visit https://www.esrcheck.com or call Toll Free 888.999.4474.

About ESR News:  The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at [email protected]. To subscribe to the ESR News Blog Feed, visit https://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit https://www.esrcheck.com/Newsletter/.