The E-Verify system is currently unavailable due to the government shutdown. As a result, employers are unable to access their E-Verify accounts and cannot verify employment eligibility, run reports or resolve Tentative Nonconfirmations (TNCs). The system also is unavailable to employers seeking to enroll. Certain legal requirements, including the rule that each new employee must be entered into E-Verify within three days, will be suspended or extended during the shutdown.
Employers must still comply with the Form I-9 requirements and should continue to complete all Forms I-9 on a timely basis.
Additional guidance will be issued once the shutdown is over, but employers should be prepared to initiate cases on all employees who were impacted as soon as the system is available. Employers should keep a list of affected employees and print the page demonstrating the unavailability of the E-Verify system for each day of the shutdown in order to evidence good faith compliance. Neither North Carolina nor South Carolina has issued guidance with regard to how the unavailability of E-Verify impacts employers' ability to comply with state law. Unless and until more information is provided by state government, the best practice is simply to comply with the federal guidance.
Notice of the shutdown and additional information is available here.