The U.S. Department of Homeland Security (DHS) has announced that the E-Verify system, which was closed during the partial government shutdown, is back up and running. DHS indicates that employers using the system will have until February 11, 2019, to create E-Verify cases for employees who were hired while E-Verify was not available.

E-verify users normally are required to create a new E-Verify “case” within three business days after a new employee starts work. In addition, if the system is unable to confirm employment eligibility and a “tentative non-confirmation” (TNC) is issued, tight timelines apply for the employee to take steps to resolve the issue. During the period that E-Verify was suspended, however, employers were unable to create new cases, and employees may not have been able to resolve TNCs.

According to additional guidance for employers issued by DHS in conjunction with E-Verify going back online, employers of employees who may have received a TNC are required to revise “Referral Date Confirmation” forms by adding ten business days to the deadline the employee has to begin contesting the TNC. The guidance also addresses the timelines applicable to federal contractors, who are required to participate in E-Verify, by stating that deadlines should be extended by one day for each calendar date that E-Verify was unavailable. Covered federal contractors with additional questions are directed to contact their contracting officers.

CWC members with any questions are also encouraged to contact one of our compliance experts at (202) 629-5650 or info@cwc.org.

In addition, a complete discussion of this issue and others related to the government shutdown—and its re-opening—will be featured at our upcoming Policy Conference, which will be held from March 6-8, 2019, in Washington, DC.

Register online today or give us a call to take advantage of group discounts.