By: Bruce Buchanan, Sebelist Buchanan Law



Now that the government shutdown has ended (for now though it may resume on February 15), E-Verify is back up and running. So, all of those new employees that you could not place into the E-Verify system, from December 22, 2018 through January 25, 2019, need to be inputted now. Here are the answers to a few E-Verify questions, which were in an E-Verify web posting (https://www.e-verify.gov/e-verify-resumes-operation):

Question: For employees hired during shutdown, how much time do employers have to create E-Verify cases?

Answer: The USCIS is providing employers until February 11, 2019 to create these cases in E-Verify.

Question: What does an employer put as a reason that the case is being submitted after normal 3-day period?

Answer: If prompted by E-Verify for a reason for the late submission, the USCIS advises you select “Other” from the drop-down list and write “E-Verify Not Available” as the specific reason. However, E-Verify knows these cases will be late filed and why; thus, an employer may not have to answer a prompt related to late filing.

Question: How many days is USCIS allowing for an employee to resolve a Tentative Non-confirmation (TNC) received before the shutdown?

Answer: The employee will be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) to begin the process of resolving the TNC. According to the E-Verify web posting, if the referral date confirmation was received by February 11, 2019, you should: “Add 10 federal business days to the date printed on the “Referral Date Confirmation” that your employer provided you after you contested your TNC. Federal business days are Monday through Friday and do not include federal holidays….Contact either SSA or DHS by the new date to begin the process of resolving your TNC.”

Also, make sure the employee receives a revised notice. An employee may reprint a copy of the employee’s “Referral Date Confirmation” by logging onto E-Verify, selecting the employee’s case and selecting the “Print Confirmation” button. Then, cross out the old date and insert the new date.

Question: How and when can E-Verify support be contacted?

Answer: Upon the government reopening, E-Verify support expects an increase in requests for assistance, which will cause longer than normal delays and response times. For any questions or additional information about the unavailability of E-Verify, please email e-verify@dhs.gov. Employers may also contact E-Verify at 888-464-4218 Monday through Friday from 8 a.m. to 8 p.m. (Eastern).