E-Verify Expiration: What Employers and Employees Using the System Should Know

Many employers are familiar with the E-Verify system, which allows employers to check the employment eligibility for all of their employees. This system compares information completed on an employee’s Form I-9 with records from the Department of Homeland Security (DHS) and the Social Security Administration (SSA). E-Verify is administered by DHS, which is one of the agencies that remains without government funding. The E-Verify program has expired as a result of a lapse in funding due to the partial government shutdown in the U.S. The program will be unavailable until necessary funding is received. 

There are major implications to the expiration of E-Verify. While the government is shut down, employers will be unable to access the services E-Verify provides. This includes enrolling in the program; accessing E-Verify accounts; creating new cases; viewing or taking action on a case; adding, deleting or editing accounts; changing passwords; editing company information; terminating accounts; or running reports. Importantly, employees will not be able to correct any E-Verify Tentative Non-confirmations (TNCs) while the program is expired.  A TNC occurs when employee information does not match with DHS or SSA records. Nonetheless, employers are still required to complete the steps on their end to verify work eligibility, including completing Form I-9 in a timely manner. 

Despite the major implications of E-Verify’s expiration, employers and employees should not panic. In the meantime, DHS made announcements which would effectively lessen the burden on employers and employees relating to E-Verify while the government is shut down. The three-day rule for creating E-Verify is suspended for all cases that are impacted by the unavailability of the service. Additionally, employees will have more time to resolve TNCs. DHS will provide more information regarding deadlines once funding is secured and operations return to normal. 

If you have any questions about E-Verify or other immigration matters, feel free to call Berardi Immigration Law to set up a consultation with an attorney.

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