Even though the most current form I-9 expired 8-31-19, USCIS advises employers should continue to use it until the new version is released. The USCIS statement is found on its I-9 Central website, which employers can continue to check for release of the new version.
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-09-23 14:54:522019-09-23 14:54:52Per USCIS, employers should continue using the form of I-9 that expired 8-31-19
DHS has shut down E-Verify during the pendency of the current government shutdown. DHS explains:
E-Verify Accounts Inaccessible
While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to:
Enroll in E-Verify;
Create an E-Verify case;
View or take action on any case;
Add, delete or edit any user account;
Edit company information;
Terminate accounts; and
Also, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs).
What’s an employer to do? For starters, DHS has suspended the 3-day deadline, which normally would require an E-Verify case to be commenced within the deadline for completing I-9’s, i.e., within the first three business business days following hire. Here is DHS’ list of accommodations and advice for employers during the shutdown:
The “three-day rule” for creating E-Verify cases is suspended for cases affected by the unavailability of E-Verify.
The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count toward the days the employee has to begin the process of resolving their TNCs.
We will provide additional guidance regarding “three-day rule” and time period to resolve TNCs deadlines once operations resume.
Employers may not take 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 due to the unavailability of E-Verify.
Federal contractors with the Federal Acquisition Regulation (FAR) E-Verify clause should contact their contracting officer to inquire about extending federal contractor deadlines.
Source: See the DHS’ web page regarding the impact of the current shutdown on E-Verify, https://www.e-verify.gov/e-verify-and-e-verify-services-are-unavailable
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2019-01-04 08:41:282019-01-04 08:41:28Shutdown shuts down E-Verify