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.”
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
- 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.
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
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.
Paul Hilton Human Resources Consulting works with our clients to insure that all required documentation is correct and sufficient to successfully defend against a claim to any unemployment compensation commission.
|For assistance with any Human Resources related questions or other
issues, please Contact Us.
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
If you would like to subscribe to our Newsletter
please submit our Contact