E-Verify and the Government Shutdown

January 08, 2019

Due to the federal government shutdown, E-Verify is unavailable. The Department of Homeland Security (DHS) announced that the “three-day rule” for creating E-Verify cases does not apply to cases affected by the suspension of E-Verify. DHS will issue additional guidance on these deadlines once E-Verify resumes. An employer’s obligation to verify employment eligibility remains in effect during the government shutdown despite the inability to access E-Verify. Employers must still complete Form I-9 no later than the third business day after an employee starts work. Employers should keep track of all new hires during the suspension and add these cases to E-Verify once the system resumes.