Monthly Archives: January 2019

Who knew? Actually, well, most of us who actually have to use E-Verify or support those who do. . .  (Snarky comments thus limited).

In the event you use E-Verify, and have tried to process new hires, this is to let you know that it is not you (the company), its them (DHS). E-Verify is not available – it is part of the federal government shutdown. Here is a link to the E-Verify announcement.

The Department of Homeland Security is “not actively managing the website.” A large red banner at the top now reads: “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.”

Until the shutdown is over, funding is authorized, and DHS has a chance to ramp the program back up, employers cannot enroll in E-Verify. Those already participating cannot access their E-Verify accounts; create a case; view or take action on any case; add, delete, or edit accounts; reset passwords; edit company information; terminate accounts; or run reports.

Workers will not be able to resolve questions about their status.  They cannot resolve E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. In addition, myE-Verify will be unavailable, and employees will not be able to access their myE-Verify accounts.

During the shutdown, DHS announced the following as the status:

• The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service (but see below about employer’s continuing obligation to verify new employees).

• 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.

• Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

The Big News to remember is this:

The availability or unavailability of the E-Verify website / program does not change employers obligation to complete work authorization. Employers must complete the 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.