Along with abounding added federal agencies, the U.S. Department of Homeland Security (DHS) was impacted by the fractional government abeyance and as a aftereffect appear there will be delays in processing forms and responding to requests for assistance.
Although Form I-9 abutment assembly were not alive during the 35 canicule of the shutdown, administration were accepted to abide commutual Form I-9 Application Eligibility Verifications for every being assassin aural three canicule afterwards they began work.
By no afterwards than Feb. 11, E-Verify participants charge actualize an E-Verify case book for anniversary agent assassin during the account interruption. Administration charge use the appoint date listed on their employees’ Forms I-9 back creating the case. DHS suggests that administration baddest the “Other” advantage from the drop-down account and access “E-Verify Not Available” to explain situations area the case conception date is added than three canicule afterwards the date the agent began work.
DHS additionally appear admonition for advisers who accept a Tentative Nonconfirmation (TNC) case result. This happens back the advice entered in E-Verify does not bout annal accessible to DHS or the Social Security Administration (SSA).
DHS requires administration whose advisers had notified them of their ambition of battling a TNC aftereffect by Feb. 11, to alter the date by which the agent charge acquaintance DHS or the SSA to activate absolute the TNC case.
To do so, administration should add 10 federal business canicule to the date on an employee’s “Referral Date Confirmation” apprehension and accord a archetype of the revised apprehension to the employee, say attorneys Olaoluwaposi (Posi) O. Oshinowo and Jorge R. Lopez of the law close of Littler Mendelson.
“One applied ascertainment is that back E-Verify was not alive during the shutdown, the barometer would accept been added than 35 canicule ago,” they add. “Thus, we see a practical, changing affair that accession of the 10 canicule may not accompany the barometer to a accepted acknowledgment period.”
The DHS advice for alteration agent Barometer Dates applies alone to TNC cases that were referred afore Jan. 28, 2019, Oshinowo and Lopez explain. For TNC cases that were referred afterwards E-Verify resumed operations, administration should not add canicule to the time their advisers accept to acquaintance either SSA or DHS.
The government abeyance additionally fabricated E-Verify bare for use by federal contractors, the attorneys note. As a result, DHS advice is that any agenda day during which E-Verify was bare because of the government abeyance should not calculation appear the federal architect deadlines begin in the Application Eligibility Verification Federal Acquisition Regulation.
As always, federal contractors should acquaintance their application administrator for added advice on their responsibilities, Oshinowo and Lopez recommend.
Employers and advisers may acquaintance E-Verify abutment by e-mail at [email protected] and by blast at 888-464-4218. For Form I-9 questions, administration and advisers may visit I-9 Central or accelerate an e-mail to [email protected].
In addition, Oshinowo and Lopez admonish that administration with questions or apropos about their E-Verify and Form I-9 obligations afterward the government abeyance should argue with accomplished application clearing counsel.
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