With the government shutdown those employers who use the e-verify system may be wondering what to do with I-9s. The e-verify system is currently unavailable, as it is a government-run program under the Department of Homeland Security (DHS). If you’re an employer here’s what you should do:
✅ 1. Continue to Complete Form I-9s as Usual
- Employers are still required by law to complete Form I-9 for all new hires within 3 business days of their start date. Use the current I-9 form for now (paper or electronically.) Be sure to keep these records on file in the I-9 folder as they remain the primary proof of employment eligibility.
- Employers don’t have access to e-verify during the shut down to create new cases or open an account. It’s best to keep a list of I-9s an employer processed during the shutdown period.
- Once e-verify reopens, employers will want to open cases for those employees the processed I-9s for during the shutdown period.
🚫 2. Do Not Attempt to Use E-Verify
- e-verify is shut down, do not attempt to initiate new cases or resolve tentative non-confirmations (TNCs).
- Trying to access the system may cause errors or delays and is not required during this time.
⏳ 3. Post-Shutdown: Take Action on Backlogged Cases
Once the government reopens, employers can resume normal functions; like open an e-verify accountant, open a case for those employees they used the I-9 form for during shut down, and taking adverse action.
- Employers will have a grace period (usually announced by DHS/USCIS) to enter any backlogged E-Verify cases.
- The grace period is typically 3 business days, but employers should check the USCIS E-Verify website for specific guidance once the system is back online.
🤝 4. TNC Resolution Deadlines Are Paused
If an employee was resolving a tentative non-confirmation (TNC):
- The number of days an employee has to contact SSA or DHS is paused during the shutdown.
- Employees won’t be penalized for failing to act while e-verify is unavailable.
📢 5. Stay Updated
- Monitor the USCIS E-Verify site https://www.e-verify.gov/ or sign up for email updates to know:
- When the system is back online
- Any policy changes or special instructions
Overall Summary
|
Task |
During Shutdown |
After Shutdown |
|
Complete I-9 |
✅ Required |
✅ Required |
|
Use E-Verify |
❌ Not Available |
✅ Resume within grace period |
|
Resolve TNCs |
⏸ Paused |
✅ Resume |
|
Deadlines |
⏸ Extended |
✅ Restart clock |
Need an I-9 audit or help with completing I-9s? We can help with that! Reach out to us at Milestones HR, LLC at 608-370-4642 or angie@milestoneshr.com for a free, no obligation 30-minute exploration conversation. Check out our website at www.milestoneshr.com for our fractional human resources services.
