Handling E-Verify post-shutdown

Now that the government shutdown has ended, E-Verify is once again available for use by employers.

During the shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify.

Now that it’s again available, DHS has some instructions to employers who were affected. Here are the highlights:

Extension of the three-day rule. Typically, employers have three days from the date of hire to create a new E-Verify case.  DHS now says employers have until Nov. 5 to create new E-Verify cases for any employees hired during the shutdown. Employers should choose the “other” option from the drop-down list and enter “federal government shutdown” in the text field if asked for a reason for the delay by the system software.

Handling tentative non-confirmations. Employers should add 12 federal business days to the date printed on any Tentative Non-Confirmation referral letter generated for employees who received a TNC between Sept. 17 and Sept. 30, and who were not able to resolve the TNC with either DHS or the Social Security Administration because of the shutdown.

Handling final non-confirmations. For employees who received an FNC or no-show because of the government shutdown, employers are advised to close the case and select one of the following two options in E-Verify:

  1. “The employee continues to work for the employer after receiving a Final Non-Confirmation result;” or,
  2. The employee continues to work for the employer after receiving a No Show result.”

The employer should then enter a new case in E-Verify for that individual employee in order to re-start the TNC process, which will allow the employee an opportunity to go back and contest the original TNC result that led to a final non-confirmation.

Federal contractors. If you missed E-Verify deadlines because of the shutdown, follow the instructions above for resolving any outstanding E-Verify issues. Also, communicate with your contracting officers regarding these instructions and any steps being taken to resolve the missed deadlines.

About the Author

Larry Hannappel

Larry spent 16 years with Century Casino’s and was instrumental in the start-up and growth of the company through expansions in Canada, South Africa, the Czech Republic, Poland and on several cruise ships as well as in Colorado. He was most recently the SVP, Principal Finance Officer and COO of North American operations for Century Casinos Inc., a multinational, Nasdaq-traded gaming company. Earlier in his career, Larry worked at the Johns Manville Corp. Larry spent 13 years in various accounting and finance functions in the company’s fiberglass manufacturing division and was key in the start-up of a molding plant in Indiana. Larry and his wife Kathy and three children live in Colorado. He enjoys four-wheeling, motorcycling, golfing, skiing and brewing beer.

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