How the Government Shutdown Affects Background Checks, E-Verify Put on Hold
On October 1, 2013 the U.S. Government has officially shut down. Many of us remember the last government shutdown lasted 21 days, and we are understandably concerned about how this shutdown will affect the hiring process. Of particular concern are searches that are performed by the U.S. Citizenship and Immigration Services (USCIS) and Social Security Administration (SSA). Fortunately the vast majority of our services will not be affected in any way by the shutdown. However, the same cannot be said for E-Verify and Consent Based Social Security Number Verification Service (CBSV) orders.
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The USCIS has published the following statement in reference to the shutdown:We understand that E-Verify’s unavailability may have a significant impact on your company’s operations. To minimize the burden on both employers and employees, the following policies have been implemented:
- The ‘three-day rule’ for E-Verify cases is suspended for cases affected by the shutdown. We’ll provide additional guidance once we reopen. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.
- The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. We will provide additional time once we reopen.
- For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines.
- Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown (consult the E-Verify User Manual for more information on interim case statuses).