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Legal Alert: E-Verify Returns as Federal Government Reopens

By June 13th, 2022No Comments

By Jasmine Majid 
October 18, 2013

After the long federal government shutdown, E-Verify features and services are now available.

Information For Employers
Tentative Nonconfirmation (TNC)
If you received a TNC referred between September 17, 2013 and September 30, 2013 and were not able to resolve the TNC due to the federal government shutdown, add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation.’ Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases. If you have an employee who decided to contest his or her TNC while E-Verify was unavailable, you should now initiate the referral process in E-Verify. Employers may not take any adverse action against an employee because of a TNC.
SSA Final Nonconfirmation (FNC) or DHS No Show result
If you received a FNC or No Show because of the federal government shutdown, please close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.” The employer must then enter a new case in E-Verify for that employee. These steps are necessary to ensure the employee is afforded the opportunity to timely contest and resolve the TNC that led to the FNC result.
Creating Cases: Three-Day Rule 
You must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013. If you are prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field.

Federal Contractor Deadlines
During the federal government shutdown, federal contractors could not enroll or use E-Verify as required by the federal contractor rule. If your organization missed a deadline because E-Verify was unavailable or if it has an upcoming deadline for complying with the federal contractor rule, please follow the instructions above and notify your contracting officer of these instructions.

Contact Customer Support:  888-464-4218 OR email
For any questions or additional information about how the federal shutdown affects E-Verify, please email  Employers and employees may also contact E-Verify at 888-464-4218. Customer Support representatives are available Monday through Friday 8:00 am to 5:00 pm local time. E-Verify Customer Support expects an increase in requests for assistance. Due to this increase, customers may experience longer than normal delays and response times. We apologize for any inconvenience and appreciate your patience. 

Jasmine Majid is an attorney and chair of the Firm’s Immigration practice. Prior to joining Phillips Murrah, Jasmine provided policy analysis for federal regulators responsible for implementing comprehensive immigration reform.