E-Verify and the Federal Government Shutdown

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Although the US federal government has partially shut down as of December 22, 2018, due to the President’s inability to sign a spending bill, most immigration-related processes remain operational at USCIS, DOL, and the State Department.  However, USCIS has announced that E-Verify and E-Verify services are inaccessible. Several policies have been implemented to ease the burden on both employers and employees.  

Temporary policies include the suspension of the “three day rule” for creating E-Verify cases, and an extension of time for resolving Tentative Nonconfirmation (“TNC”) cases.  Employers may not take adverse action against an employee whose E-Verify case is in an interim case status, including an extended interim case status due to the unavailability of E-Verify.  Once operations resume, the Agency will provide additional guidance. We will keep you updated.

By way of background, E-Verify is an online system that helps employers confirm whether employees are authorized to work in the United States by comparing information provided on the Form I-9 with DHS and Social Security Administration records.  Registration for the use of E-Verify is optional for most employers.

This alert is for informational purposes only. Please call us if you would like to discuss this matter further.