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E-Verify is Down Due to the Government Shutdown

Thursday, January 10, 2019   (0 Comments)
Posted by: Jennifer Addington
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E-Verify is Down Due to the Government Shutdown

Georgia law requires many employers to use the E-Verify System to confirm employment eligibility for new hires. Unfortunately, the E-Verify system, like many other functions of the federal government, is currently not operational due to the ongoing government shutdown. When the situation will be remedied is about as clear as mud.

What should you do if you are currently participating in E-Verify and need to hire a new worker? Our best advice, based on information from Department of Homeland Security, is to treat the down system like a simple delay. When the system is back up and running, odds are that you will be required to screen hires made while the system was down.


The following information comes from the E-Verify Website.

E-Verify Accounts Inaccessible

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).


E-Verify Policies Implemented to Minimize Impact

We understand 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.

·        We 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.

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) and on I-9 Central.


For more information, visit:

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