The impacts of the U.S. Government shutdown are beginning to manifest. The government recently announced E-Verify is currently not available due to the lack of federal funding. This has left many employers wondering how hiring and employment verification can move forward during this budget battle.

While E-Verify is currently unavailable, employers will not be able to do the following:

  • Access their E-Verify accounts
  • Enroll in E-Verify
  • Create E-Verify cases
  • View or take action on any case
  • Add, delete or edit a user account
  • Reset passwords
  • Edit company information
  • Terminate accounts
  • Run reports or view any information about an account

E-Verify Customer Support and related services are also closed. As a result:

  • The government will not be able to answer employer inquiries.
  • Employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).
  • E-Verify webinars and training sessions are cancelled.
  • Self Check and myE-Verify will be unavailable.

In summary, employers cannot currently use E-Verify to complete the hiring process. If the shutdown continues, the inability to use E-Verify may have a significant impact on employer operations. In response, the government recently announced the following guidance to minimize the burden on both employers and employees:

  • The “three-day rule” is suspended for E-Verify cases affected by the unavailability of E-Verify. This suspension does not affect Form I-9, Employment Eligibility Verification, requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements.
  • The time period during which employees may resolve TNCs will be extended through the duration of the government shutdown.
  • Federal contractors covered by the E-Verify federal contractor rule must await further guidance concerning federal contracts impacted by the E-Verify shutdown.
  • Employers may not take any adverse action against an employee, while E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.