The E-Verify system is currently unavailable to employers due to the federal government shutdown.

While E-Verify is unavailable, employers will not be able to access their E-Verify accounts, and will be unable to enroll in E-Verify, create, view, or take action on E-Verify cases, make modifications to user accounts, edit company information, or resolve E-Verify Tentative Nonconfirmations (TNCs).

During the shutdown:

  • The “three day rule” for E-Verify has been suspended for cases affected by the shutdown
  • The government shutdown will NOT impact Form I-9 requirements - Section 1 of Form I-9 must be completed on or before a new hire's start date, and Section 2 must be completed by the employer by the third business day
  • 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
  • Employers may not take any 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 shutdown

Once government services resume, the Department of Homeland Security is expected to provide instructions on when to run E-Verify queries affected by the shutdown and new timelines for resolving events such as a TNC.  Please ensure to carefully track new hires queries to be run or TNC’s queued for resolution once E-Verify service resumes.

Please contact your designated Gibney representative or email immigrationalerts@gibney.com for additional details regarding this announcement, or for advice on developing protocols and best practices concerning the use of E-Verify or other immigration-related onboarding processes.