According to the U.S. Chamber of Commerce, the E-Verify Program, which is run by the U.S. Citizenship and Immigration Services, is not expected to be operational if there is a government shutdown. Employers are advised that a shutdown would not relieve them of their responsibilities; however, as stated in the governing Memorandum of Understanding, “If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability.”
Should a shutdown occur, the E-Verify public website and the E-Verify log-in page are expected to contain additional guidance for employers.
Please see our April 6, 2011 Immigration Alert at http://www.morganlewis.com/pubs/ImmAlert_ImmigrationConsequencesOfPotentialGovtShutdown_6apr11.pdf for information regarding additional potential immigration-related consequences of a government shutdown.