E-verify may be “temporarily closed” as part of the temporary government shutdown but that doesn’t change the requirement that employers must obtain I-9 forms in a timely manner. Specifically, new employees are expected to complete Section 1 of the I-9 on or before the first day of employment and employers are expected to complete Section 2 of the I-9 no later the 3 days following the employee’s first day of work for pay.
During the shutdown, employers will not be able to initiate inquiries in E-verify or be able to resolve any TNC (tentative non-confirmation) issues. Don’t panic! The Department of Human Services (DHS) announced that the three-day rule to create cases in the system has been suspended due to the unavailability of the service and they have also extended the time period to resolve TNCs. No adverse action against a worker with a pending TNC is to be taken since the employees cannot dispute during the shutdown.
It is expected that once the system is active again, instructions will be provided on the E-verify site informing employers regarding then three-day rule and the time extension to resolve TNCs.
One final thought, if you are a Federal Contractor with an E-verify clause, you should reach out to your government contracting officers to request an extension to E-verify deadlines. It is also recommended that Federal Contractors seek counsel prior to making hiring decisions during the shutdown.
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