DHS Issues Post-Shutdown E-Verify Guidance

E VerifyOn the heels of its Oct. 17 announcement that E-Verify is again available for employers’ use, the Department of Homeland Security has released guidance and instructions to employers affected by the temporary shutdown of the employment eligibility verification program.

For instance, DHS has extended the usual three-day time period that employers are given, from the date of hire, to create an E-Verify case for new employees. According to DHS, employers have until Nov. 5, 2013 to create E-Verify cases for any employees hired during the shutdown. The agency has also directed employers to choose the “other” option from the drop-down list and enter “federal government shutdown” in the text field.

In addition, DHS has clarified that employers should add 12 federal business days to the date printed on any tentative non-confirmation referral letters generated for employees who received a TNC between Sept. 17, 2013 and Sept. 30, 2013, and were unable to resolve the tentative non-confirmation with either DHS or the Social Security Administration as a result of the shutdown.

With regard to employees who received final non-confirmations or no-shows because of the shutdown, DHS advises employers to close the case and select either “The employee continues to work for the employer after receiving a Final Non-Confirmation result,” or “The employee continues to work for the employer after receiving a No-Show result.” Employers should then enter a new case in E-Verify for that individual employee, reinstating the TNC process.

Finally, DHS directs federal contractors that missed E-Verify deadlines to follow the above instructions for resolving outstanding issues, and to communicate with their contracting officers regarding these instructions.