“E-Verify has resumed operations following the lapse in government appropriations. While all E-Verify features and services, including the ability to resolve a Tentative Nonconfirmation (TNC) are now available, employers may experience longer-than-usual processing times as we work through a large volume of accumulated cases. See “E-Verify Resumes Operation” for more information. Thank you again for your patience and support of the E-Verify Program.”
Following the re-opening of the federal government after the 35-day shutdown, E-Verify is back online. (You can read our previous blog on the topic: E-Verify is down, what do Employers need to do?) During the shutdown employers were unable to electronically verify new employers, resolve Tentative Nonconfirmations (TNCs), access their company E-Verify data, or enroll/create new accounts. Despite that, employers were still expected to report and file Form I-9 normally. All E-Verify tasks got pushed to the backburner and employers could now be facing a sizable backlog of work or confusion on where to start.
Thankfully the United States Citizenship and Immigration Services (USCIS) has released a guide on what should and shouldn’t be done during this time:
Creating Cases: Employers will have until February 11, 2019 to create an E-Verify case for any employee hired while E-Verify was down. The hire date used must be from the employee’s I-9.
Tentative Nonconfirmations: If any employee received a TNC and notified their employer that they intend to contest it by February 11, 2019, the date the employee must contact the Social Security Administration (SSA) has been increased. Employers are to add 10 federal business days to the date on their employee’s “Referral Date Confirmation: notice. These notices may also now be reprinted by logging into E-Verify.
Federal Contractor Deadlines: Department of Homeland Security (DHS) guidance for any calendar day when E-Verify was unavailable should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation.
Web Service Clients: You can expect longer than normal processing times for any function relating to E-Verify as the USCIS works through their backlog as well.
Employees: You will receive additional time to contact the SSA, 10 federal business days, in regards to contesting any TNCs as stated above.
The backlog of work will take some time to process on both the employer and government side. For employers using paper I-9s and manually entering E-Verify cases, it can take even longer. A good electronic and online I-9 and E-Verify system can take speed up the process significantly via automation and processing speed. Check out how Proliant’s system can help make this entire process much easier by clicking HERE.