When employers attempt to log into the U.S. Citizenship and Immigration Service’s E-Verify system, they will get the following message:
 

“Due to the lapse in federal funding, this website will not be actively managed. E-Verify and E-Verify services are unavailable.” 

 
During the shutdown, employers must still comply with all the regulatory requirements to complete I-9 forms for new hires, within three days of a new employee’s first day of work. However, employers that are required to use E-Verify to cross-reference the I-9 information with DHS and SSA records will not be penalized for the verification delay caused by the shutdown, according to DHS. Rather, employers must wait until the DHS provides a new time period for new case submittal and extended deadlines for addressing tentative non-confirmations following the shutdown. We recommend documenting the date of hire and reason for the verification delay for each new employee during the shutdown.
 

If you have any questions related to this article or any other employment law matters, contact Sheila Gladstone (512-322-5863; sgladstone@lglawfirm.com), Ashley Thomas (512-322-5881; athomas@lglawfirm.com), or Emily Linn (512-322-5889; elinn@lglawfirm.com) of Lloyd Gosselink’s Employment Law Practice Group.

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