Congress did not approve a new spending bill by midnight, September 30th causing a temporary government shutdown. According to a DHS Lapse Contingency Plan we have obtained, it appears the government's E-Verify program will be impacted by this action.
To minimize the burden on both employers and employees, the following policies have been implemented:
- The three-day rule for E-Verify cases is suspended for cases affected by the shutdown. We'll provide additional guidance once we reopne. This does NOT affect the Form I9 requirement - employers must still complete the Form I9 no later than the third business day after an employee starts work for pay.
- The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. The will be provided additional time once they reopen.
- For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines.
- Employers may not take adverse action against an employee because of an E-Verify interim case status, including while the employee's case is in an extended interim case status due to a federal government shut down.
To view the full notice - please click here
You can continue to use our electronic Form I9 and usual and when the E-Verify program starts back up, you can then process the E-Verify requests at that time. If you are using our electronic Form I9, then you will just need to go back to the I9 and click the "Submit E-Verify" button at the bottom of the page. Since it will likely be more than three days from the original date of hire, you will prompted by the system to identify the reason for the delay when you submit E-Verify. To do this, simply select the "Other" radio button, and then enter "E-Verify unavailable during government shutdown" in the text field.
We will provide further information as we receive it.