Employers will have until February 11, 2019, to create cases in E-Verify for employees hired during (or just prior to) the government shutdown.

Because of the month-long interruption in services, E-Verify anticipates that there will be longer-than-usual processing times and longer-than-usual delays in responses to requests for assistance.

Creating Cases for Employees Hired During (or just before) the Shutdown

  • During the shutdown, employers were still required to complete Form I-9, Employment Eligibility Verifications within three days after the date the employee began working for pay.
  • When entering these cases into E-Verify, use the hire date from the employee’s Form I-9.
  • If the case creation date is in fact more than three days after the date the employee began working for pay, select “Other” in the drop down menu.
  • Enter “E-Verify Not Available” as the specific reason.

Tentative Nonconfirmations (TNCs) Referred Before E-Verify Resumed Operations

  • If an employee notified you of his or her intention to contest a TNC by February 11, 2019, revise the date by which the employee must contact the Social Security Administration (SSA) or DHS.
  • Add 10 federal business days to the date on the “Referral Date Confirmation” notice.
  • Provide the revised notice to the employee by logging into E-Verify, selecting the employee’s case, selecting the “Print Confirmation” button, and then altering the dates on the hard copy.
  • Federal Business Days are Monday through Friday excluding federal holidays.

Federal Contractor Deadlines

  • E-Verify was not available for federal contractor enrollment during the shutdown.
  • DHS guidance is that any calendar day when E-Verify was unavailable during the shutdown should not count toward the federal contractor deadlines.
  • Federal contractors should consult with their contracting officer for more information on how to proceed.

E-Verify also advises:

  • For questions about E-Verify unavailability, email e-verify@dhs.gov
  • For questions about Form I-9, email I-9central@dhs.gov
  • To contact E-Verify by phone, call 888-464-4216, Monday through Friday

If you have questions or concerns about how to proceed, your Jackson Lewis attorney is available to assist.