Overview

• DHS announced that E-Verify has returned to normal operations despite the ongoing shutdown, following an Oct. 1 outage and an unexpected restoration late on Oct. 7.
• Employers must open an E-Verify case by Tuesday, Oct. 14, for each employee hired while the system was unavailable, using the hire date from Form I-9.
• When prompted to explain the delay, employers should select “Other” and enter “E-Verify not available,” and the outage period will not count toward the three-business-day filing rule.
• For Tentative Nonconfirmations, employers must reissue or update the Referral Date Confirmation, with employees generally receiving six federal business days to contact SSA or DHS, and no extra days for cases referred on or after Oct. 8.
• Form I-9 completion requirements remained in effect during the outage, and federal contractors’ E-Verify timelines were tolled during unavailability and restarted once operations resumed.