E-Verify Suspended: Employers Must Adhere to I-9 Process During U.S. Government Shutdown
The U.S. government shutdown has temporarily suspended E-Verify operations, affecting employers and employees alike. Despite this, certain procedures remain in place, and employers must continue to adhere to specific guidelines.
While E-Verify is unavailable, employers should continue with the I-9 process as usual. They must ensure employees complete Section 1 of the I-9 form on or before their first day of work, and Section 2 within three business days. Employers using the Department of Homeland Security's (DHS) alternative procedure for remote inspection of I-9 documents can continue to do so during the shutdown.
Employers should track all hires made during this period and maintain complete I-9 files. They should also communicate proactively with employees regarding any pending Tentative Nonconfirmations (TNCs). Federal contractors may need to contact their contracting officers to discuss extensions for E-Verify deadlines.
USCIS has paused certain rules to provide flexibility during the shutdown. For instance, the three-day rule for creating E-Verify cases is suspended. However, employers cannot create new E-Verify cases, enroll in the program, update accounts, or resolve TNCs until E-Verify functions resume.
The U.S. Department of Homeland Security (DHS) will reactivate the E-Verify program once the government shutdown ends. Until then, employers must continue with the I-9 process, track hires, maintain records, and communicate with employees about TNCs. Employers using DHS's alternative procedure for remote I-9 document inspection can continue to do so. Federal contractors should stay informed about potential extensions for E-Verify deadlines.
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