E-verify Update Due To COVID-19

On March 21, 2020, E-Verify announced that while it is extending the timeframe for resolving Social Security Administration Tentative Non-confirmations (TNCs) due to SSA office closures, it is only extending the timeframe to resolve Department of Homeland Security (DHS) TNCs if the employee cannot resolve the TNC due to public (DHS or SSA) or private office (employer) closures. Employers continue to be required to notify employees of a TNC as soon as possible and to notify E-Verify of their employee’s decision to take action or not as well as to refrain from any adverse action against the employee because their E-Verify case is in an interim case status, including an extended interim case status. 

To date, no extension has been provided to create cases for new hires. An inquiry continues to be due within three business days from the date of hire, using the hire date from the employee’s Form I-9. However, E-Verify did state that if an inquiry is delayed due to COVID-19 precautions, an employer should select “Other” from the drop-down list and enter “COVID-19” as the specific reason for the delay during case creation.