We have received many client inquiries relating to E-Verify and the government shutdown. In short, E-Verify is unavailable, as the program’s authorization lapsed Dec. 22, 2018.

The Department of Homeland Security, which oversees the program, announced that the website http://www.e-verify.gov/ will not be actively managed and will not be updated until after funding is restored. DHS reported: “Information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.”

During the shutdown, employers will not be able to enroll in the program; access their E-Verify accounts; create a case; view or take action on any case; add, delete, or edit accounts; reset passwords; edit company information; terminate accounts; or run reports.

Workers will not be able to resolve E-Verify Tentative Nonconfirmations (TNCs) during the shutdown. In addition, myE-Verify will be unavailable, and employees will not be able to access their myE-Verify accounts.

To minimize the burden on both employers and employees, DHS announced the following:

• The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service.
• The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.
• Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

Federal contractors with the Federal Acquisition Regulation E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines. Should a state agency reach out about the usage of E-Verify, please contact your immigration counsel.

PLEASE TAKE NOTE: Employers must still complete the 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.

E-Verify is a voluntary business tool to meet business and government employment eligibility determination needs; it is gaining in utilization. Please check back, as updates will be provided as to the shutdown and the re-starting of such critical programs such as E-Verify, EB-5, Conrad 30 J-1 visa and others.

^˘ Not admitted to the practice of law.