E-Verify Resumes, Expect Delays

February 5, 2019

Following the 35-day government shutdown, E-Verify — the federal system used by some employers, including some ILMA members,  to confirm the eligibility of employees to work in the U.S. — has reopened. With the system back in operation, the Department of Homeland Security (DHS) is telling employers to note some items.

First, DHS said that employers have until February 11 to create an E-Verify case for each employee hired during the government shutdown. Despite the service interruptions, employers were required to complete and retain I-9 Employment Eligibility Verifications for each person hired to work during the shutdown.

Second, DHS advises employers to select the “E-Verify Not Available” option to explain situations where case creation is more than three days after an employee began working.

DHS warns that users are likely to experience longer-than-usual wait times for both filing and assistance with E-Verify due to a backlog of cases.

Third, any employer notified by an employee of the intent to contest a Tentative Non-Confirmation by February 11, 2019, should add 10 business days to the date on an employee’s “Referral Date Confirmation” notice. The deadline extension only applies to cases referred before January 28, 2019.

Lastly, federal contractors should not count any calendar day during which E-Verify was unavailable toward the federal contractor deadlines in the Employment Eligibility Verification Federal Acquisition Regulation.