Hiring new employees? E-Verify program suspended during government shutdown

Over 750,000 U.S. employers use E-Verify, an electronic system to confirm the employment eligibility of new hires.  Participants in the program initiate an inquiry for each new employee within three days of the employee starting work, and then receive confirmation (or non-confirmation) of eligibility to work. During the current federal government shutdown, however, E-Verify has been suspended.

This suspension means that employers cannot initiate a confirmation inquiry for new employees, nor can employees resolve what are called “Tentative Nonconfirmations,” or TNCs, when the E-Verify system cannot confirm eligibility. There is no email or phone support available during the shutdown.

Department of Homeland Security guidance

The Department of Homeland Security, which managed E-Verify, recently issued guidelines for employers to follow during the period of suspension:

-the three-day rule for initiating inquiries on new employees is suspended during the shutdown

-if E-Verify was unable to confirm an employee’s eligibility, the employee can continue to work during the shutdown and until the issue is resolved

Form I-9 still required for new hires

Keep in mind that all employers, whether they use E-Verify or not, must still obtain a completed Form I-9 from all new employees and verify the required documentation, such as passport, drivers license, social security card, etc. Employers must do this within three business days from the date that a new employee begins work and maintain the completed form on file.

If you have any questions, please contact Mark Spitz at Spitz Legal Counsel LLC.  Phone: 720-575-0440, email: mark@spitzlegalcounsel.com