E-Verify has implemented the following policies to minimize the burden on both employers and employees due to COVID-19:
- E-Verify is extending the timeframe to take action to resolve both Social Security Administration and Department of Homeland Security Tentative Nonconfirmations (TNCs) due to office closures.
- Employers are still required to create cases for their new hires within three business days from the date of hire, using the hire date from the employee’s Form I-9; however, if case creation is delayed due to COVID-19 precautions, the employer should select “Other” as the reason from the drop down list and enter “COVID-19” as the specific reason.
- Employers still must notify employees of a TNC as soon as possible. After the employee is notified and decides whether to take action to resolve the TNC, the employee should acknowledge the decision on the Further Action Notice, and the employer should notify E-Verify of the Decision.
- Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.
For the most up-do-date information on E-Verify, visit https://www.e-verify.gov/ and check the “What’s New” page.
Read additional information on modifications to the I-9 process during the COVID-19 outbreak in our article: COVID-19 and I-9s, Physical Presence Requirement Waived in Certain Circumstances
As a friendly reminder, employers must use the new Form I-9 version (10/21/2019 edition date) starting no later than May 1, 2020.
Author: Kristin A. Crone
This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.
Kristin A. Crone