E-Verify reopens – government shutdown over

During the government shutdown, E-Verify was taken offline and made unavailable for employers. E-Verify was reopened October 17, 2013, however, affected employers should note critical updates and deadlines.

E-Verify Critical Updates

• The government shutdown did not affect requirements for form I-9. Employers should have continued processing their Employment Eligibility Verification forms (Form I-9).
• Federal contractors were unable to use or enroll in E-Verify which is a specific requirement under federal contractor rule. If the organization was unable to make the deadline because of the government shutdown, USCIS suggests to contact their specific contracting officer.
• An extension is specifically placed for employers who faced a tentative non-confirmation (TNC) during the time of 9/17/2013 and 9/30/2013. Employers are obligated to called the Social Security administration or Department of Homeland Security to complete their case. The petitioner will have 12 additional federal business days from the original dated stated on the Referral Letter or Referral Date Confirmation. If the petitioner had received a TNC and decided to contest the claim while the government shutdown was occurring, the E-Verify referral process should currently be processing. If the employee received a Final Nonconfirmation (FNC) because of the government shutdown or was unable to contact the Department of Homeland Security or Social Security Administration after the government reopened, the employee is advised to contact the employer and request a re-entry of the employee’s case.
• If the employee had obtained a Social Security Administration FNC or a No Show due to the government shutdown, it is advised to close the case and select one the following options:
  • “The employee continues to work for the employer after receiving a Final Nonconfirmation result”
  • “The employee continues to work for the employer after receiving a No Show result”

The employer can then enter a new E-Verify case for the employee.

• For employees hired during the government shutdown, it is important to craft an individual E-Verify case for each employee hired by November 5, 2013. If the employer is given the option to provide reasoning of noncompliance with the three-day rule, select “Other” and then enter “federal government shutdown.”

SGM Law Group is knowledgeable of all changes associated with the E-Verify system due to the recent government shutdown. Please contact our immigration lawyers if you have any further questions or need assistance with your case.