Government Shutdown: What Employers Need to Know About E-Verify

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The government shutdown has resulted in not only the suspension of E-Verify, but also the temporary closure and reduced capacity of many key employment-related agencies on which organizations rely.

The U.S. Citizenship and Immigration Services (USCIS) will remain open, however, E-Verify has been suspended until the shutdown culminates. Employers will be unable to access E-Verify accounts, but while E-Verify is shutdown, the I-9 process should continue as usual, and employers must still complete the I-9 by no later than the third business day after an employee starts work. But, employers will not need to verify all new hires within three days of hire during the shutdown.

Also, employers will not be able to resolve a TNC during the shutdown; however, the number of days the shutdown is in effect will not count towards the eight federal government workdays required and the time period in which TNCs may be resolved will be extended. Employers must continue to employ employees who have TNCs in E-Verify during the shutdown.

In addition, the Equal Employment Opportunity Commission, Department of Labor, and Occupational Safety and Health Administration will have limited availability as many workers within these agencies will be furloughed. Meanwhile, the National Labor Relations Board will be closed. The shutdown will also have a limited effect on the courts’ operations, and according to this cleveland.com article, wage and hour and discrimination cases are on hold. Employers should also be aware that several government websites have been shutdown and/or are not being updated during the shutdown.

For more information about E-Verify, please visit: https://e-verify.uscis.gov/emp/vislogin.aspx?JS=YES. Or, for more information about the government's contingency plans during the shutdown, please visit: http://www.whitehouse.gov/omb/contingency-plans.

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