Q. "What happens to E-Verify during a government shutdown?"
Answer:
If the government does shut down at midnight on September 30, the E-Verify system could become unavailable as in previous shutdowns.
During this shutdown, employers will not be penalized for delays in creating E-Verify cases, but will still be required to follow all I-9 procedures and guidelines (see our summary of the latest ones here!) and create cases within E-Verify when it becomes available again.
During the 2018 shutdown, DHS announced:
The suspension of the three-day rule for creating E-Verify cases. A window of time to submit those cases once E-Verify is back up and running will be provided by DHS.
The period allotted for resolving a TNS will be extended during a potential shutdown.
We recommend starting a file to track all new hires during the shutdown and attach a memo in the master E-Verify file, tracking the days that the system was down, in case there are questions during a later audit.