E-Verify: Currently Unavailable

Due to the partial government shutdown, employers across the United States are no longer able to use a government program that checks whether the candidates they want to hire are living in the country legally. In short, E-Verify is unavailable, as the program’s authorization lapsed Dec. 22, 2018.

The Department of Homeland Security, which oversees the program, announced that the website http://www.e-verify.gov/ will not be actively managed and will not be updated until after funding is restored. DHS reported: “Information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.”

While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to:

• 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; and
• Run reports.

To minimize the burden on both employers and employees, the following policies have been implemented by DHS:

• 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.
• Once operations resume, DHS will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines.
• 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.

Presently, 20 States (including South Carolina) require all or some employers to utilize the E-Verify system when hiring new employees.
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.

A company’s best defense against the potential expense and aggravation related to federal or state law violations is to proactively review and revise as needed all Human Resources policies, handbooks, hiring procedures, compensation, benefits, training programs, communications tools and other functions. The professionals of PHHR are ready to assist your organization with this type of training as well as to maintain compliance with the latest state and federal mandates.

Newsletter Archive

Our newsletter is updated regularly, providing information of interest
to many of our readers. We invite you to check back frequently.

Paul Hilton is a certified Human Resources Consultant, located in Columbia, SC.
If you would like to subscribe to our Newsletter e-mailing list,
please submit our Contact Form.