The E-Verify system has resumed operations, following the temporary budget resolution passed by Congress last Friday, and a new deadline has been set for submission of E-Verify queries for new employees hired during the government shutdown.

Key points for employers:

  • Deadline. Employers must create an E-Verify case by Feb. 11, 2019 for all employees hired during the period when E-Verify was unavailable owing to the lapse in government funding.
  • Hire date. When creating an E-Verify case, employers must use the hire date from employees’ Form I-9. If the creation date of the E-Verify case is more than three days following their date of hire (or when they began working for pay), employers should select “Other” from the dropdown menu and enter “E-Verify Not Available” as the specific reason.
  • TNCs. Any pending Tentative Nonconfirmation (TNC) that employers and newly hired employees were not able to resolve because of the shutdown must be resolved at this time. If an employee received a TNC and notified the employer of his or her intention to contest it by February 11, 2019, the employer must revise the date by which the employee must contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) to begin resolving the TNC. The employer must add 10 federal business days to the employee’s “Referral Date Confirmation” notice. Employers should delete the old date and enter the new date before printing the confirmation and providing the revised notice to employees.

For TNC cases referred after E-Verify resumed operations, employers should not add days to the Referral Date Confirmation. If an employee decided to contest the TNC when E-Verify was unavailable, the employer should now refer the case and follow the TNC process.

  • E-Verify is expecting delays in processing due to an anticipated large number of cases and support requests as the system works through a backlog.

BAL Analysis: Employers should observe the Feb. 11, 2019 deadline for submitting E-Verify cases and follow instructions for TNCs. The system is likely to experience high demand in the coming days and employers should plan for lengthier processing times. The full announcement on the resumption of services can be viewed here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact

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