E-Verify Resumes Operation

Now that the federal government has resumed operations, E-Verify is once more available. Employers should note the following:

  • New cases: Employers must create an E-Verify case by February 11, 2019, for each employee hired while E-Verify was not available. Employers must use the hire date from the employee’s Form I-9 when creating the case. If the case creation date is more than 3 days after the date the employee began working for pay, employers should select “Other” from the drop-down list and enter “E-Verify Not Available” as the reason.
  • Tentative nonconfirmations (TNC): If an employee received a TNC and notified an employer of his or her intention to contest it by February 11, 2019, employers must revise the date by which the employee must contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) to begin resolving the TNC. To do this, add 10 federal business days to the date on the employee’s “Referral Date Confirmation” notice; give the revised notice to the employee.
  • Federal contractor deadlines: Any calendar day during which E-Verify was unavailable due to the lapse in appropriations should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation. Contractors should contact their contracting officers for more guidance.

See the E-Verify update for more information.