Why E-Verify is Unavailable During the Government Shutdown

Did you know that E-Verify is a service of the federal government? That’s right: E-Verify is an Internet-based system that compares information from a job candidate’s Form I-9, Employment Eligibility Verification, to U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records to confirm that he or she is authorized to work in the United States. Usually, E-Verify is very convenient. Until the government shuts down, that is.

When the federal government partially shut down on December 22, 2018, so did E-Verify. Employers who are obligated to or have chosen to use E-Verify have probably already received this message from the E-Verify website: “NOTICE: Due to the lapse in federal funding, this website will not be actively managed. E-Verify and E-Verify services are unavailable.” But what does this notice actually mean for employers?

In short, the E-Verify system is completely unavailable while the shutdown continues. This means 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.

Additionally, E-Verify Customer Support and related services will be closed, meaning:

• employees will be unable to resolve Tentative Non-confirmations (TNCs);
• email and telephone support will be unavailable;
• individuals will be unable to access myE-Verify; and
• E-Verify webinars and training sessions will be cancelled.

To (somewhat) minimize the burden on both employers and employees, the U.S. Citizenship and Immigration Services (USCIS), which governs E-Verify, has implemented the following policies:

1. The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
2. The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is unavailable will not count toward the days employees have to begin the process of resolving their TNCs.

At KRESS, we know well how much employers rely upon E-Verify. We are monitoring the shutdown closely and will notify our clients and contacts as soon as E-Verify is accessible again. (You can sign up to be notified on our homepage.) Until such time, please contact us with any pre-employment questions or concerns at 888.636.3693.