Over the past few days, I've received a large number of
emails and calls from stressed out clients asking about the lack of
access to E-Verify. Do not panic, employers will not be penalized
as a result of the E-Verify operations shutdown.
E-Verify is the U.S. Citizenship and Immigration Service's
(USCIS) internet-based system that compares information from an
employee's Form I-9 to Department of Homeland Security (DHS)
and Social Security Administration (SSA) records to confirm
employment eligibility.
Since E-Verify is not fee based, the current lapse in
appropriated government funding affects the program. Employers
will not be penalized for any delays in creating E-Verify
cases. However, employers are reminded that they must
continue to complete I-9s in compliance with the law, and when
E-Verify becomes available, create cases in the E-Verify system. We
expect USCIS to issue guidance—as they have during prior
shutdowns— suspending the "three-day rule"
which