What Happens to E-Verify if the Government Shuts Down?

Many federal services, including E-Verify, are affected during a government shutdown.  

What typically happens to E-Verify during such a shutdown:

1. E-Verify Services Become Unavailable

When the federal government shuts down, the E-Verify system, operated by the Department of Homeland Security (DHS), temporarily goes offline. This means that employers will not be able to access E-Verify to verify the work authorization of new hires.  

Specifically, the following services are affected: 

• Employers cannot create new cases or submit new employee information.
• Employers cannot resolve Tentative Nonconfirmations (TNCs) because the system will not process any verification queries.
• Employees cannot access the system to verify or update their employment eligibility records.

2. Deadlines Are Extended

During a government shutdown, E-Verify automatically extends certain deadlines that are normally required under the system: 

• 3-Day Rule Suspension: The usual requirement to create an E-Verify case within three business days of an employee’s start date is suspended during a government shutdown. Employers are not penalized for delays in creating E-Verify cases due to the system being unavailable. 
• TNC Resolution Deadlines Extended: If an employee has received a Tentative Nonconfirmation (TNC) before the shutdown, the deadline for resolving that TNC is extended. The employee cannot be penalized for delays in resolving the TNC caused by the system being offline.

3. Employers Still Need to Complete Form I-9

Even though E-Verify is unavailable, employers must still comply with the legal requirement to complete Form I-9 for each new hire within the expected timelines. The Form I-9 process is separate from E-Verify, so employers must continue verifying identity and work authorization by reviewing the appropriate documents from their new employees, even during a government shutdown.

4. What Happens After the Shutdown Ends?

When the government reopens, E-Verify services are restored, and employers must catch up on their E-Verify responsibilities. This includes: 

• Creating Cases: Employers must enter the new hires’ information into the E-Verify system as soon as possible after the shutdown ends. 
• Resolving TNCs: If there were any unresolved TNCs before or during the shutdown, employers must work with employees to resolve them after services resume.

5. Compliance Considerations

No Penalties for Delays: Employers are generally not penalized for any delays in E-Verify case submissions or TNC resolutions caused by the government shutdown. However, it’s important to resume using E-Verify immediately once services are restored to stay compliant. 

Communication with Employees: To ensure transparency, employers should inform new hires and existing employees with TNCs about the situation during a shutdown. This helps employees understand that the verification process is delayed because the government cannot process cases.