Employers Make Note: E-Verify

Congress and President Trump’s on-going dispute over government funding has shut down most federal operations, including E-Verify. So what does that mean for employers?

E-Verify is a web-based program that allows employers to electronically verify that a newly-hired employee is authorized to work in the United States.  Employers are incentivized to utilize E-Verify. If a worker isn’t authorized to work, employers participating in E-Verify are given a presumption that they didn’t knowingly hire an employee unauthorized to work in the country.

But the program isn’t available during the government shutdown. So employers can’t enroll, create new cases, or take actions on other cases.

The United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security implemented policies to minimize the disruption:

  • Suspending the three-day rule for creating E-Verify cases for situations affected by the unavailability of the program.
  • Extending the time period during which employees may resolve Tentative Nonconfirmations (TNCs). So the days when E-Verify is unavailable will not count toward the days employees have to resolve their TNCs.
  • Employers aren’t allowed to take adverse action against an employee because the employee’s E-Verify case is in an interim status.

USCIS promised to provide more information once government operations resume.

Employers with questions are encouraged to contact the attorneys at Jones Obenchain. We can help to minimize employer’s risks, make sure they remain complaint with E-Verify, and alleviate any other legal concerns.