January 18, 2021

Volume XI, Number 18


January 18, 2021

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Catching Up with E-Verify

Employers will have until February 11, 2019, to create cases in E-Verify for employees hired during (or just prior to) the government shutdown.

Because of the month-long interruption in services, E-Verify anticipates that there will be longer-than-usual processing times and longer-than-usual delays in responses to requests for assistance.

Creating Cases for Employees Hired During (or just before) the Shutdown

  • During the shutdown, employers were still required to complete Form I-9, Employment Eligibility Verifications within three days after the date the employee began working for pay.
  • When entering these cases into E-Verify, use the hire date from the employee’s Form I-9.
  • If the case creation date is in fact more than three days after the date the employee began working for pay, select “Other” in the drop down menu.
  • Enter “E-Verify Not Available” as the specific reason.

Tentative Nonconfirmations (TNCs) Referred Before E-Verify Resumed Operations

  • If an employee notified you of his or her intention to contest a TNC by February 11, 2019, revise the date by which the employee must contact the Social Security Administration (SSA) or DHS.
  • Add 10 federal business days to the date on the “Referral Date Confirmation” notice.
  • Provide the revised notice to the employee by logging into E-Verify, selecting the employee’s case, selecting the “Print Confirmation” button, and then altering the dates on the hard copy.
  • Federal Business Days are Monday through Friday excluding federal holidays.

Federal Contractor Deadlines

  • E-Verify was not available for federal contractor enrollment during the shutdown.
  • DHS guidance is that any calendar day when E-Verify was unavailable during the shutdown should not count toward the federal contractor deadlines.
  • Federal contractors should consult with their contracting officer for more information on how to proceed.

E-Verify also advises:

  • For questions about E-Verify unavailability, email e-verify@dhs.gov
  • For questions about Form I-9, email I-9central@dhs.gov
  • To contact E-Verify by phone, call 888-464-4216, Monday through Friday
Jackson Lewis P.C. © 2020National Law Review, Volume IX, Number 29



About this Author

Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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