Written By ESR News Blog Editor Thomas Ahearn

The E-Verify electronic employment eligibility verification system will be temporarily unavailable from March 23, 2018, at 12 a.m. to March 26, 2018, at 8 a.m. Eastern Time due to system enhancements, according to the U.S. Citizenship and Immigration Services (USCIS). For more information, E-Verify users should view the E-Verify Outage Fact Sheet. While E-Verify is unavailable, employers will not be able to:

  • Access E-Verify accounts;
  • 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;
  • Request to terminate an account; and
  • Run reports.

In addition, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs) with the Department of Homeland Security (DHS) and Social Security Administration (SSA). The USCIS understands that E-Verify’s unavailability may have a significant impact on employer operations and has implemented the following policies to minimize the burden on both employers and employees:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by E-Verify’s unavailability.
  • If an employee’s first day of employment occurs at any time between March 20 and 26, employers will have until March 29 to create their E-Verify case.
  • The time period during which employees may resolve TNCs will be extended by two federal working days.
  • DHS and SSA will not be able to assist employees with any case resolution issues from March 23 to 26. Employees will be given two additional federal working days from the date listed on their Referral Date Confirmation to contact DHS or SSA.
  • Employers may not take adverse action against an employee because the E-Verify case is in an interim case status (such as a TNC, DHS Verification in Process, or a Case in Continuance), including while the employee’s case is in an extended interim case status due to E-Verify’s unavailability.
  • Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.
  • E-Verify employer agent clients will have an additional two federal working days to electronically sign their Memorandum of Understanding (MOU).

For convenience, the USCIS has made several free resources still available to employers. The USCIS recommends all employers and employees refer to the E-Verify User Manuals or Guides and the E-Verify website for additional questions and answers, and encourages E-Verify Employer Agents to see the Supplement Guide for E-Verify Employer Agents.

The E-Verify outage will not affect the requirements for Form I-9, Employment Eligibility Verification. Employers must still complete Form I-9 no later than the third business day after employment and comply with all other Form I-9 requirements outlined in the Handbook for Employers (M-274) and on I-9 Central. Also, myE-Verify will be unavailable and employees will not be able to access myE-Verify accounts.

On March 14, 2018, the USCIS –  the government agency that oversees lawful immigration to the United States – announced that E-Verify will transfer all case data to a new interface later in the month of March and that all open cases must reach a final case result and be closed to assist in the transition, according to a notice on the “What’s New” page on the USCIS website.

Open cases not been accessed for more than 365 days will be closed by E-Verify but will remain accessible to employers as completed or historical cases. Open cases not completed but accessed within the last 365 days will remain open for the employer to continue processing. Cases that have received a final result will be closed but will remain accessible to employers as completed or historical cases.

E-Verify users are encouraged to complete and close their cases prior to the deployment date on the week of March 26, 2018. The USCIS will hold a teleconference on Thursday, March 22, 2018, from 2:00 p.m. to 3:00 p.m. Eastern to discuss the upcoming release of E-Verify system enhancements and share information about new case processing functions and modernized user interface which include:

  • Enhanced usability features;
  • A streamlined process for creating and managing cases to increase the speed and accuracy of verification results;
  • Modernized data matching process to reduce Tentative Nonconfirmations;
  • Improved overall data integrity and system compliance; and
  • Transfer of case data to a new modernized system.

The session will cover the enhancements E-Verify will launch during the week of March 26, 2018, with a question-and-answer period to follow. To register for the teleconference, visit the registration page to confirm participation, enter an email address, select “Submit,” select “Subscriber Preferences,” select the “Event Registration” tab, complete the questions, and select “Submit.”

Once the registration is processed, registrants will receive a confirmation email with additional details. If registrants have questions about the registration process, or if registrants have not received a confirmation email within two business days, please email [email protected]. For more information about the E-Verify teleconference, visit www.uscis.gov/outreach/e-verify-modernization.

All U.S. employers must complete and retain a Form I-9, Employment Eligibility Verification for each person hired after November 6, 1986. E-Verify compares information from an employee’s Form I-9 to data from the DHS and SSA records to confirm employment eligibility. For more information about E-Verify, visit www.uscis.gov/e-verify.

To learn how to properly close a case in E-Verify, see pages 17-19 of the E-Verify Quick Reference Guide for Employers, and the E-Verify User Manual 4.0 Case Resolution, 4.1 Close Case, 4.2 Case Alerts, and 4.1.1 Case Closure Statements. Final E-Verify case results can include Employment Authorized, SSA/DHS Final Nonconfirmation, DHS No Show, and Error: Close Case and Resubmit.

ESR is a Designated E-Verify Employer Agent

Employment Screening Resources (ESR) – a leading global background check firm – is also a Designated E-Verify Employer Agent that provides a robust E-Verify and Form I-9 solution to help employers verify work status and electronically capture and retain required information. To learn more about E-Verify and Form I-9 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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