E-Verify has resumed operations despite the government shutdown. Its temporary outage prevented employers from creating new cases and addressing tentative nonconfirmations (TNCs), but now that the system is back up, employers must promptly fulfill their E-Verify obligations.
E-Verify employers have until October 14 to create new cases for employees hired during the outage. When the system requests an explanation for delays in case creation, employers should select “Other” and enter “E-Verify not available.”
Employers also must address any TNCs that were delayed by the shutdown. If an employer already provided a referral date confirmation to an employee who intends to contest a mismatch, the employer must revise the date by which the employee must contact the Social Security Administration or the Department of Homeland Security.
There are three methods for revising the referral date confirmation:
- Reprint the notice in E-Verify with the new date; or
- Write the new date on the original notice after checking the case; or
- Add six federal business days to the original referral date.
No date adjustment is needed for TNCs referred after October 8.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.