E-Verify, a free online system provided by USCIS to verify work eligibility, will be entirely unavailable during a government shutdown. Employers should prepare for delays in creating cases and remember that federal law still requires completing Form I-9 on time for new employees.
While the shutdown’s likelihood and duration remain uncertain, employers can prepare for potential impacts based on past government shutdowns and policy decisions from the United States Citizenship and Immigration Services (USCIS).
Key Actions for Employers During a Shutdown
- Complete Form I-9 for new hires on time, even if E-Verify is not accessible.
- Expect delays in submitting LCAs, PERM applications, and other processes handled by the Department of Labor.
- Instruct employees traveling abroad to verify their visa appointments.
- Keep affected employees informed about possible disruptions.
E-Verify Unavailability: What Employers Need to Know
During the E-Verify system outage, employers cannot:
- Confirm employee work eligibility
- Manage or update cases
- Add, remove, or edit User IDs
- Reset passwords
- Modify company details
- Close an account
- Generate reports
- Contact E-Verify support
Additionally, employees cannot resolve Tentative Nonconfirmations (TNCs) or use the E-Verify Self Check system.
Temporary Changes to E-Verify Rules:
- The “three-day rule” for creating E-Verify cases is paused, but Form I-9 must still be completed within three business days of a new hire’s start date. USCIS will offer further instructions once the system is restored.
- The deadline for resolving TNCs is extended, as days during the government shutdown won’t count toward the standard eight-day period for contacting the SSA or DHS.
- Federal contractors should reach out to their contracting officer to request deadline extensions.
- Employers cannot take negative action against employees due to an E-Verify case delay caused by the shutdown.
In short: Form I-9 is still mandatory, but E-Verify rules are temporarily adjusted.
