HCM Skinny-E-Verify Is Down. What Do Employers Do Now?

I’m sure you’ve heard about the Government shutdown? Well, as you can imagine, this is impacting a lot of people. One of the most concerning for an organization is that E-Verify is down. I would highly recommend reading the article link below if you have any questions, but in short, employees are still required to complete Section 1 of the I-9 before or on the first day of employment and employers are required to complete Section 2 of the I-9 no later than the employee’s third business day of employment.


The DHS also announced:

  • The three-day rule for creating E-Verify cases is suspended for cases affected by the unavailability of the service. "Normally, the employer enters information from the I-9 into E-Verify within three days of hire, but that won't be possible while the system is unavailable," said Montserrat Miller, a partner in the Atlanta office of Arnall Golden Gregory. "DHS will provide a window of time to submit those held cases once service resumes."

  • The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is unavailable will not count toward the days the employee has to begin the process of resolving a TNC. "Employers can't take any adverse action against a worker with a pending TNC regardless, shutdown or not," Miller said. Currently, an employee who chooses to contest a TNC must visit an SSA field office or call DHS within eight federal government working days to begin resolving it. This period will have to be extended because of the shutdown, she added.

  • Additional guidance regarding the three-day rule and time period to resolve TNC deadlines will be provided once operations resume.

Long story short, still fill out the I-9 as previously required, and keep track of which employees that have not had an E-Verify query. Once the government is ‘back up and running’, the DHS will have instructions around creating and submitting these queries.


Top quote from article:

Remember that the government shutdown has nothing to do with an employer's responsibilities to complete the Form I-9 [in a timely manner]. Dawn Lurie, Senior Counsel in Washington D.C.

To read the full article, visit:



Chris Olson