The federal budget impasse has shut down the online system employers use to verify the employment eligibility of workers and job candidates.

According to the US Citizenship and Immigration Service (USCIS), the federal E-Verify system is off-line until the budget battle is resolved.  With E-Verify down, employers will be unable to do many things including:

• Access your E-Verify account
• Enroll in E-Verify
• Verify employment eligibility
• View or take action on any case
• Add, delete or edit any User ID
• Reset passwords
• Edit your company information
• Terminate an account
• Run reports
• View ‘Essential Resources.’ Please note that all essential resources may be found by visiting www.dhs.gov/e-verify.

In addition, E-Verify Customer Support and related services are closed. That means that:

• Employees will be unable to resolve Tentative Nonconfirmations (TNCs).
• Telephone and e-mail support will be unavailable. You may send e-mails, however, E-Verify cannot respond until it reopens.
• E-Verify webinars and training sessions are cancelled.
• E-Verify Self Check will not be available.

For employers concerned about what this means in light of E-Verify compliance rules, they have implemented a number of temporary policies including:

• The ‘three-day rule’ for E-Verify cases is suspended for cases affected by the shutdown. E-Verify will provide additional guidance once it reopens.
• The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to the Social Security Administration or contact the Department of Homeland Security. Additional time will be provided once they reopen.
• For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines.
• Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown.

Remember that the E-Verify shutdown does NOT affect the Form I-9 requirement”employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.