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United States – Employment Eligibility Verification Temporarily Suspended

United States – Employment Eligibility Verification

This report covers temporary suspension of E-Verify, a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States due to the U.S. federal government shutdown.

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The United States federal government entered a partial shutdown at midnight on Friday, December 21, 2018, that continues to remain in effect. At that time, nine federal departments and several agencies, including the Department of Homeland Security (DHS), were directed by the Office of Management and Budget to cease non-essential operations. 

As a result of this partial shutdown, E-Verify, a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States, has been temporarily suspended. DHS, the government agency overseeing the program, announced that the website http://www.e-verify.gov/ will not be actively managed and will not be updated until after funding is restored.1 

WHY THIS MATTERS

The E-Verify system allows employers to verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and DHS.  E-Verify-registered employers are normally required to verify the identity and employment eligibility for each new employee no later than the third business day after the employee starts work for pay. However, E-Verify’s current unavailability will significantly impact employees and employer operations. During the government shutdown: 

  • Employers will not be able to enroll in the E-Verify program; access their E-Verify accounts; create a case; view or take action on any case; add, delete, or edit accounts; reset passwords; edit company information; terminate accounts; or run reports.
  • Workers will not be able to resolve E-Verify Tentative Non-Confirmations (TNCs). In addition, myE-Verify will be unavailable, and employees will not be able to access their myE-Verify accounts.

New Policies

While E-Verify is unavailable, U.S. Citizenship and Immigration Services (USCIS) has taken steps to minimize the burden on both employers seeking to hire new employees and prospective hires.

These steps are as follows: 

The “three-day rule” for creating E-Verify cases is suspended for employers affected by the unavailability of E-Verify.

The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days that the employee has to begin the process of resolving TNC. 

Note: Additional guidance will be provided regarding the “three-day rule” and the TNC resolution deadline once E-verify operations resume.

Employers may not take adverse action against an employee because the E-Verify case is in an interim case status due to the unavailability of E-Verify.

Form I-9 Requirements

The government shutdown does not affect Form I-9 requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements. 

Next Steps

KPMG Law LLP in Canada is tracking this matter closely and will endeavor to keep readers posted of any further developments.

* Please note that KPMG LLP (U.S.) does not provide any immigration services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.   

 

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

© 2019 KPMG LLP, a Canadian limited liability partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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