As we informed you in a recent e-brief, E-Verify was unavailable during the course of the government shutdown. As such, employers were unable to complete many tasks such as uploading data on new hires or employees who needed to go work on a federal jobsite. Likewise, employers’ abilities to complete processes required to be followed in the event of a tentative non-confirmation (“TNC”) were also impeded. The government is in operation again, as is E-Verify. Recovering from the E-Verify/government shutdown has brought new requirements from the USCIS which can be found in detail here. Briefly stated, though, here are the highlights:
- New Employees Were Hired During the Shutdown (e.g., Three-Day Rule Wasn’t Able to be Met): All employees hired during the shutdown who were not able to be timely entered into the E-Verify system by virtue of the shutdown must be entered by November 5, 2013. When you are asked why the employee is being entered late, you are to specifically note “Federal Government Shutdown” in the explanation field under “Other.”
- Employee Received a TNC Between September 17, 2013 and September 30, 2013: Twelve (12) federal business days should be added to the date printed on the Referral Letter or Referral Date Confirmation giving the employee additional time to contact the Social Security Administration or the Department of Homeland Security to resolve their cases. (The authors of this e-brief make no comment about the fact that federal business days differ from regular business days.)
- Employee Received a SSA Final Non-confirmation or DHS No Show Result Because of Government Shutdown: According to the guidance issued by USCIS, an employer in this situation should close the case and note that the employee continues to work for the employer. Then, a new case should be opened in E-Verify for that employee.
- Federal Contractor Deadlines: Federal contractors who are or were unable to meet federal timelines for enrolling/using E-Verify by virtue of the government shutdown are instructed to follow the above instructions and notify their contracting officer. Again, there is little guidance proffered as to what is required to happen in each of these cases.
If you have any questions about your E-verify obligations please contact one of Woods Aitken’s Labor and Employment attorneys.
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