E-Verify resumed operations on January 27, with extended due dates and a request for patience while the government reinstates the service [E-Verify website, 1-27-19]. E-Verify was unavailable from December 22, 2018, until January 27, 2019, due to a lapse in government funding.
Employers that participate in E-Verify must create an E-Verify case by February 11, 2019, for each employee hired while the service was unavailable. Employers must use the hire date from the employee’s Form I-9, Employment Eligibility Verification, when creating the case. If the case creation date is more than three days following the date the employee began working for pay, employers should select “Other” from the drop-down list and enter “E-Verify Not Available” as the specific reason.
Resolving Tentative Nonconfirmations (TNCs)
If employees receive a TNC and notified their employer of their intention to contest it by February 11, 2019, these employers must revise the date by which employees must contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) to begin resolving the TNC. Add 10 federal business days to the date on an employee’s “Referral Date Confirmation” notice and give it to the employee.
Employers can reprint a copy of an employee’s “Referral Date Confirmation” by logging in to E-Verify, selecting the employee’s case, and selecting “Print Confirmation.” Be sure to cross out the old date and insert the new date. Employees have until this new date to contact the SSA or DHS to resolve their cases. For TNC cases referred after E-Verify resumed operations, do not add days to the time.
Reminder: Form I-9 Requirements Always in Effect
A lapse in government appropriations does not affect Form I-9 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.
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