The Department of Homeland Security (DHS), which oversees the E-Verify program, has announced that the website www.e-verify.gov will not be available to employers during the current partial government shutdown. The website will not be managed or updated until after funding is restored. DHS reported that “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 Non-confirmations (TNCs) during the shutdown. In addition, myE-Verify will be unavailable and employees will not be able to access their myE-Verify accounts.
In an effort to minimize the impact of this disruption in service, DHS has stated that:
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.
The shutdown does not affect an employer’s responsibility to verify employment eligibility. 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.