UPDATE: E-Verify Resumes Operations
USCIS has reopened the E-Verify portal. Employers who participate in E‑Verify must create an E‑Verify case by Tuesday, Oct. 14 for each employee hired while E‑Verify was not available. You must use the hire date from the employee’s Form I‑9 when creating the E‑Verify case. If you could not create an E‑Verify case by the third business day after the employee began work for pay because E‑Verify was unavailable, E‑Verify will prompt you during case creation to provide a reason for the delay. Select “Other” from the “Select a Reason for Delay” drop-down menu and enter “E‑Verify not Available” as the specific reason in the “Reason for Delay” text box. The days E‑Verify was unavailable will not count toward the three business days employers usually have to create a case in E-Verify. Read Updated USCIS Guidance here.
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Due to the federal government shutdown, the E-Verify system is currently inaccessible. Employers cannot create or update cases, run reports, or access other E-Verify functions during this time.
Employers must continue to comply with Form I-9 requirements, which remain unchanged. Form I-9 must still be completed within three business days of an employee’s start date. However, the “three-day rule” for E-Verify case creation has been suspended for the duration of the shutdown. Employers will not be penalized for delayed case submissions once the system is restored.
Read USCIS Guidance here.