Lapse in Federal Funding Does Not Impact Most USCIS Operations

THIS NOTICE APPLIES ONLY TO EMPLOYERS THAT CURRENTLY USE E-VERIFY The federal government is currently shut down. This has resulted in the suspension of operation of many government offices and programs. The E-Verify program is one of the federal programs that is currently unavailable due to the lapse in government appropriations. While the federal government remains shut down, employers will not be able to access their E-Verify accounts to do the following:

• Enroll in E-Verify
• Create an E-Verify case
• View or take action on any case
• Add, delete or edit any user account
• Reset passwords
• Edit company information
• Terminate accounts
• Run reports
• Resolve E-Verify Tentative Nonconfirmations (TNCs).

The Department of Homeland Security and USCIS (U.S. Citizenship and Immigration Services) have implemented the following policies for employers to follow during the government shutdown:

• The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
• 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.
• We will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
• Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
• Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.

Employers must keep in mind that the lapse in government appropriations does not affect Form I-9, Employment Eligibility Verification 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 outlined in the Handbook for Employers (M-274) and on I-9 Central. Best practices recommended are that employers currently using E-Verify go online (https://www.e-verify.gov/e-verify-and-e-verify-services-are-unavailable), print the E-Verify unavailability notification from DHS and USCIS and add the notice to your I-9 file for all I-9s that are prepared during the government shut-down. In addition, it is recommended that employers attach a brief memorandum to each I-9 prepared during the shut-down, stating that E-Verify was unavailable as result of the government shut-down during the time the I-9 was prepared. If you have any questions or need any legal assistance, please call the Labor and Employment Team at ScottHulse, P.C. at 915.533.2493.