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While the Brick Wall is Debated, An Electronic Wall Falls

The Department of Homeland Security’s E-Verify system has become unavailable while the U.S. Government debates building a wall on the U.S. – Mexico border. The principal purpose of the E-Verify system is to prevent undocumented aliens from working in the United States, which in turn decreases the incentive to enter the United States illegally.

At least for now, the “three-day rule” for creating E-Verify cases has been suspended. Similarly, the period for resolving E-Verify Tentative Nonconfirmations (TNCs) will be extended during the time that the E-Verify system is not operational. Employers and government contractors who rely on E-Verify should not take adverse action against any employee whose E-Verify case is in an interim status.

In the meantime, while we await the end of the government shutdown, employers must still complete I-9 forms no later than the third business day after an employee starts work and comply with all other I-9 requirements. The Department of Homeland Security will provide additional guidance regarding its deadlines once operations resume.

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This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.