E-Verify is introducing temporary measures during the COVID-19 National Emergency that ease certain timelines for employers and employees.

Key points:

  • Employers are still required to create an E-Verify case for new employees within three business days of the date of hire, using the date of hire on the Form I-9. If the E-Verify case creation is delayed, the employer should select “Other” from the drop-down list and enter “COVID-19” as the specific reason for the delay.
  • Employers who receive a Tentative Nonconfirmation (TNC) must notify the employee as soon as possible and enter the employee’s decision whether to take action in the E-Verify system.
  • Employers may not take adverse action against an employee because the E-Verify case is in interim case status, including extended interim case status.
  • E-Verify is extending the timeframe for employees to take action to resolve a TNC with the Social Security Administration due to office closures. For Department of Homeland Security TNCs, E-Verify is extending the time frame to take action in limited circumstances when an employee cannot resolve the TNC because of office closures.
  • Last week, Immigration and Customs Enforcement issued guidance regarding the Form I-9 process.
  • The E-Verify Contact Center remains open for employers who have questions about current requirements.

BAL Analysis: Employers should still be able to access their E-Verify accounts and perform most functions within the system. Employers who have questions about the temporary measures should contact the E-Verity Contact Center. The Social Security Administration has a COVID-19 webpage where updates and office closures are posted.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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