Immigration @ Work

E-Verify Suspended from March 23 to March 26

by Marylou V. Fabbo

Employers will not be able to use the E-Verify Services from 12:00 a.m. March 23, 2018 through 8 a.m. on March 26, 2018, while the system undergoes enhancements.  The temporary suspension of the system does not affect the requirement that Form I-9 be completed no later than the third business day after employment begins.  To minimize the impact on employers as the result of their inability to use E-Verify, the “three-day rule” for creating E-Verify cases is suspended for cases affected by E-Verify’s unavailability; employers will have until March 29 to create the E-Verify case for employees hired between March 20 and March 26; and the time period for resolving a Tentative Non-confirmation will be extended by two federal working days.  Other policies that will be in place during the E-Verify outage are set forth in USCIS Fact Sheet.  Employers may  not take adverse action against an employee whose case is an interim or extended interim case status due to E-Verify’s unavailability.  Employers should make sure I-9s are timely completed and otherwise plan ahead to avoid issues related to the suspension of E-Verify and E-Verify Services.

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