What happens to E-Verify during a government shutdown?

What happens to E-Verify during a government shutdown?

If the government does shut down at midnight on September 30, the E-Verify system could become unavailable as in previous shutdowns.

During this shutdown, employers will not be penalized for delays in creating E-Verify cases, but will still be required to follow all I-9 procedures and guidelines and create cases within E-Verify when it becomes available again.

During the 2018 shutdown, DHS announced:

  • The suspension of the three-day rule for creating E-Verify cases. A window of time to submit those cases once E-Verify is back up and running will be provided by DHS.
  • The period allotted for resolving a TNS will be extended during a potential shutdown.

We recommend starting a file to track all new hires during the shutdown and attach a memo in the master E-Verify file, tracking the days that the system was down, in case there are questions during a later audit.

Original content by HR Ministry Solutions. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.