While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to: Enroll in E-Verify; Create an E-Verify case; View or take action on any case; Add, delete or edit any user account; Reset passwords; Edit company information; Terminate accounts; and Run reports.
Also, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).
The government understands that E-Verify’s unavailability may have a significant impact on employer operations. To minimize the burden on both employers and employees, the following policies have been implemented:
- The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
- The time period during which employees may resolve TNCs will be extended.
- The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs. USCIS will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
- Employers may not take adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.
- Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines (/employers/federal-contractors/timeframes-for-enrollment-and-use).
For information on interim cases statuses and E-Verify resources see E-Verify publications (/employers/employer-resources) and Questions and Answers (/about-e-verify/questions-andanswers).
The lapse in government appropriations does not affect Form I-9, Employment Eligibility Verification requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements outlined in the Handbook for Employers (M-274) (https://www.uscis.gov/i-9-central/handbook-employers-m-274) and on I-9 Central (https://www.uscis.gov/i-9-central).