E-Verify Currently Unavailable

In the Greater Los Angeles area our team of experienced U.S. Immigration attorneys have been faced with only minor drawbacks due to the Federal Funding Hiatus/Government Shutdown. JCS Immigration and Visa has learned that the Department of Homeland Security (DHS)’ E-Verify program will also be unavailable during this shut down. This means that employers will be unable to run new hires or take any other action in E-Verify so long as the Federal Government shutdown continues. During the shutdown, the DHS is suspending the requirement that employers must verify all new hires within three days of hire. However, E-Verify’s unavailability does not exempt employers from their obligation to complete Form I-9 for all new hires within three days of hire.

It is recommended that employers make note in the I-9 files of any employees impacted by the shutdown that the company was unable to timely run the individual through E-Verify on account of the government shutdown. In the event of a future audit, a notation of this kind in the individual’s file will help explain the delay in timely running the individual’s information through E-Verify.

Further, employees will be unable to resolve any tentative non-confirmations (TNCs) received from E-Verify during the government shutdown. Our Los Angeles based Immigration attorneys have confirmed with DHS that the time period during which employees may resolve TNCs will be extended. Any days the federal is closed will not count toward the eight business days the employee has to visit DHS or the Social Security Administration to resolve the TNC.

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