E-Verify, a vital tool for employers tracking personnel legal employment eligibility, is now available as the federal government re-opens. The following tips for employers can be found at http://uscis.gov, along with other helpful information regarding E-Verify and Form I-9.
- Form I-9 requirements were not affected during the shutdown. All employers must complete and retain I-9s for every employee hired in the U.S. during that time.
- Employees who received Tentative Nonconfirmations (TNC) between Sept. 17 and Sept. 30 and could not resolve them due to the shutdown have 12 additional federal business days to contact the Social Security Administration or the Department of Homeland Security to resolve them. Add 12 federal business days to the date printed on the employee's referral letter or referral date confirmation to determine the new date.
- If an employee contested a TNC during the shutdown, the referral process through E-Verify should begin now. Employers may not take any adverse action against an employee because of a TNC.
- If an employee received a Final Nonconfirmation (FNC) due to the shutdown, employers are instructed to close the case and select "The employee continues to work for the employer after receiving an FNC." Then, enter a new case in E-Verify.
- E-Verify cases must be created for each employee hired during the shutdown by Nov. 5, 2013.