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HR business partner using E-Verify to verify new employee's I-9 information.

E-Verify is back online

The E-Verify program, the web-based program that allows participating employers to electronically verify the information provided by employees on the Form I-9, has resumed operations.

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The E-Verify program has resumed operations.

The web-based program, which allows participating employers to electronically verify the information provided by employees on the Form I-9, was shut down last week as a result of the government shutdown that started October 1.

In new guidance posted yesterday, E-Verify said:

  • Employers that participate in E-Verify must create an E-Verify case by Tuesday, October 14, for each employee hired while E-Verify was not available.
  • Employers that had an employee who received a mismatch and notified the employer of their intention to contest it must revise the Referral Date Confirmation through one of three methods.
  • Any calendar day when E-Verify was unavailable will not count toward any of the federal contractor deadlines.

E-Verify was not available during the shutdown because of the lapse in Department of Homeland Security (DHS) appropriations and because its statutory authority was not renewed. The source of funding under which E-Verify has resumed operations is not clear, so it is possible there will be outages again if the shutdown continues.

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Michael Cardman

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About the author

Senior Legal Editor

Areas of expertise: Wage and hour compliance, Minimum wage law, Overtime law, Employee classification, HR compliance for independent contractors, Child labor law

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