E-Verify Actions Needed Post-Government Shutdown

February 1, 2019

What is E-Verify?
E-Verify is an internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) to confirm employment eligibility.

Under federal law, E-Verify is mandatory for employers who have an E-Verify clause in their federal contract. In addition, it is mandatory in several states. At least eight states require all or most employers to participate in E-Verify, and at least sixteen states require certain employers to participate in E-Verify. Employers also can choose to enroll in E-Verify voluntarily.

How did the government shutdown affect E-Verify?
E-Verify and E-Verify services were unavailable during the shutdown. While E-Verify was unavailable, employers were not able to access their E-Verify accounts to:

Employees also were unable to resolve E-Verify Tentative Nonconfirmations (TNC).

U.S. Citizenship and Immigration Services has announced that the following actions must be taken by employers who participate in E-Verify now that E-Verify service has resumed:

Remember that while an employee is resolving a TNC, employers may not take adverse action against an employee because the E-Verify case is in interim case status.

DHS guidance indicates that any calendar day E-Verify was unavailable should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation. Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer for more information on federal contractor responsibilities.

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