E-Verify Update

E-VERIFY SYSTEM UNAVAILABLE
The Department of Homeland Security has suspended E-Verify until funding is restored as a result of the partial government shutdown. However, the shutdown does NOT impact an employer’s I-9 responsibilities.  E-Verify representatives are expected to create cases in E-Verify when the system becomes available.

To minimize the burden on both employers and employees, E-Verify has posted and implemented the following policies:

• 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 Tentative Nonconfirmations (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.
• 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.
• E-Verify will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.

 
WHAT SHOULD DEPARTMENTS/COLLEGES DO?
While the E-Verify system is unavailable, Department/College Form I-9 and E-Verify Approvers should plan for delays in E-Verify processing by taking the following steps:
 

• Ensure your newly hired or rehired employee completes the employee’s portion of the Form I-9 on or before their first day of employment.
• Continue to complete the employer’s portion of the Form I-9 no later than the third business day after an employee starts work for pay.
• Make two copies of the I-9 supporting documents.
• Send one copy of the I-9 supporting documents to Workforce Systems. Write the MSS New Hire transaction number on the upper right hand corner for reference.  Workforce Systems will continue to approve New Hire transactions once the I-9 supporting documents are received.
• Retain the extra copy of the I-9 supporting documents in a secure location for E-Verify processing.
• The E-Verify process normally required within the 3-day window must be completed as soon as E-Verify services resume.  Complete all outstanding E-Verify cases using the extra copy of the I-9 supporting documents.
• Send a copy of the USCIS “Employment Authorized” E-Verify case results to Workforce Systems.  Write the MSS New Hire transaction number or Emplid in the upper right hand corner for reference.
• Shred the extra copy of the I-9 supporting documents after E-Verify is completed.