Here are five important updates that you should know to help you avoid non-compliance risk.
- Form I-9
The requirements for the Form I-9 were not affected by the shutdown. All employers were expected to process Form I-9 throughout the shutdown.
For any employee that had a tentative non-confirmation (TNC) referred between 09/17/2013 and 09/30/2013 that was unable to resolve due to the shutdown, add 12 federal business days to the date printed on either the “Referral Letter” or “Referral Date confirmation.” Employees must contact either the Social Security Administration (SSA) or Department of Homeland Security (DHS) to resolve their case. Also any employee who decided to contest their TNC while E-Verify was down, should now initate the referral process in E-Verify.
- Employees who received a SSA Final Nonconfirmation (FNC) or DHS No Show Result
To give employees an opportunity to contest and resolve their TNC that led to their Final Nonconfirmation (FNC) result practice the following, if an employee received a FNC or No Show because of the shutdown, please close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.” Then the employer enters a new case in E-Verify for that employee.
- Creating Cases by November 5th: Three-Day Rule
By November 5th, create an E-Verify case for each employee hired during the government shutdown. If you are required to give a reason for not complying with the three-day rule, select “Other” and choose “federal government shutdown”.
- Federal Contractor Deadlines
If your organization missed a deadline due to the shutdown, or there’s an upcoming deadline for complying with the federal contractor rule, please follow the instructions listed above, and notify your contracting officer of these steps.
For more information regarding E-Verify post-shutdown and what employees should do, read the statement by USCIS: E-Verify is Available
Complimentary White Paper: Practical Steps to Help Ensure Form I-9 Compliance
Discover the best practices of a compliant Form I-9 and E-Verify program by downloading:
Practical Steps to Help Ensure Form I-9 Compliance