How to Handle E-Vertify Issues Now That the Govt. Shutdown Is Over

By Suzanne M. Potter-Padilla

The U.S. Department of Homeland Security (DHS) announced Thursday (Oct. 17) that E-Verify is once again available for use by employers following the end of the government shutdown.

During the government shutdown, E-Verify users were unable to access their accounts, verify the employment authorization of new hires, or reconcile any pending tentative non-confirmations in E-Verify. Now that E-Verify is again available, DHS has released guidance and instructions to employers who were impacted by E-Verify’s temporary unavailability.

Extension of the Three-Day Rule

Under normal circumstances, employers have three days from the date of hire to create a new E-Verify case for new hires. Due to the unavailability of E-Verify, DHS has announced that employers will have until Nov. 5, 2013 to create new E-Verify cases for any employees hired during the shutdown.

In the event the E-Verify software requires a reason for the lateness of the case, DHS has instructed employers to choose the “other” option from the drop-down list and enter “federal government shutdown” in the text field.

Handling Tentative Non-Confirmations (TNCs)

DHS has also clarified that employers should add 12 federal business days to the date printed on any Tentative Non-Confirmation (TNC) referral letter generated for employees who received a TNC between Sept. 17, 2013 and Sept. 30, 2013, and who were not able to resolve the TNC with either DHS or the Social Security Administration (SSA) due to the shutdown.

Employees with TNCs generated during this timeframe will have until the new deadline to resolve their cases with either DHS or SSA. For any employees who decided to contest a TNC during the shutdown period, employers are instructed to now initiate the TNC referral process in E-Verify.

Article Continues Below

Handling Final Non-Confirmations (FNCs)

For employees who received a Final Non-Confirmation or no-show because of the government shutdown, employers are advised to close the case and select one of the following two options in E-Verify:

  1. “The employee continues to work for the employer after receiving a Final Non-Confirmation result;” or,
  2. The employee continues to work for the employer after receiving a No Show result.”

The employer should then enter a new case in E-Verify for that individual employee in order to re-initiate the TNC process, which will allow the employee an opportunity to go back and timely contest the original TNC result that led to a final non-confirmation.

Federal Contractors

The Department of Homeland Security  has advised federal contractors that missed E-Verify deadlines because of the government shutdown to follow the instructions above for resolving any outstanding E-Verify issues, and to communicate with their contracting officers regarding these instructions and any steps being taken to resolve the missed deadlines.

This was originally published on Littler Mendelson’s Global Mobility and Immigration Counsel blog. © 2013 Littler Mendelson. All Rights Reserved. Littler®, Employment & Labor Law Solutions Worldwide® and ASAP® are registered trademarks of Littler Mendelson, P.C.

Suzanne M. Potter-Padilla is an associate in the Houston office of the law firm Littler Mendelson. She represents employers in federal and state courts, as well as before administrative agencies such as the Equal Employment Opportunity Commission and the Texas Workforce Commission, in a broad range of employment law matters arising under federal and state laws. Contact her at spotter@littler.com.

Topics