ATLANTA, Georgia. Under the E-Verify program, employers can confirm immediately that their employees are eligible to work in the U.S. using E-Verify’s electronic system. During the government shutdown E-Verify’s operations had been suspended. Now that the government is back online, E-Verify is back on the web. What do you need to know if you are an employer or employee?
If you are an employer, here are your obligations:
- Any cases that you did not file because E-Verify was not online, must be filed by February 11, 2019. When filing with E-Verify, use the employee’s hire date you provided in the I-9 form, not the date on which you are filing. When selecting why you have waited to submit the required forms, employers can select “other” from the drop-down menu and select that E-Verify was not available as the reason for the delay. Employers were still required to complete I-9 forms during the government shutdown. If you have additional questions about your obligations, or if you are concerned you may have fallen behind on your obligations, consider reaching out to the immigration attorneys at Kuck Baxter Immigration in Atlanta, Georgia today.
- Tentative Nonconfirmations (TNC) Delayed During the Shutdown. Employers can revise the dates by which employees have to contact the Social Security Administration to resolve their TNCs should they choose to do so. Employers can add 10 federal business days to the date on which the employee has to resolve the issue. This only applies if an employee wanted to contest a TNC during the time that E-Verify was not available. Employers are advised that there may be delays with E-Verify’s online system due to the shutdown, so employees may need the additional time.
Employers should act swiftly to file old E-Verify cases, to inform their employees about extensions, and TNCs.
If you are an employee, and your company participates in E-Verify, you will be required to fill out a Form I-9. The form is entered into E-Verify’s system, and if your information matches the information that the Social Security Administration has on file and the information that the Department of Homeland Security has on file, your hiring process should continue as normal. Some employers are required to use E-Verify, while others participate in the system voluntarily.
Sometimes, when employers submit information in your I-9, they might receive a TNC, a Tentative Nonconfirmation from E-Verify’s system. This doesn’t always mean you are ineligible to work in the U.S. It just may mean that there’s a mismatch between the information you provided and the information that the Department of Homeland Security or the information that the Social Security Administration has on file. Why do people receive TNCs? According to E-Verify’s Tentative Nonconfirmation Overview, you might receive a TNC if:
- Your citizenship or immigration status was not updated with the Social Security Administration
- You changed your name and this update wasn’t reported to the SSA
- The numbers you provided for your Alien Registration Number, or your Arrival Departure Records do not match information with DHS
- Either SSA’s records are incorrect or you or your employer filled out the I-9 incorrectly
What must you do to correct a Tentative Nonconfirmation if you are an employee and received a TNC? Here’s what you should do, according to E-Verify:
- Check that your name, date of birth, and social security number are correct and tell your employer if this information is not correct.
- The letter you receive should provide you with additional information about how you can go about correcting any errors.
- Decide whether you want to contest the TNC. Contesting the TNC when you are NOT entitled to work in the U.S. can have serious consequences. If you have questions about whether you should contest the TNC, consider speaking to the Atlanta, Georgia immigration lawyers at Kuck Baxter Immigration.
Now that E-Verify is back online, employers and employees have a limited window in which to file new cases, and a limited amount of time in which to contest their TNCs. Your compliance with the law, and your ability to work at your new job may be on the line. Contact Kuck Baxter Immigration if you have any questions about your rights regarding E-Verify.
Kuck Baxter Immigration Partners, L.L.C.
365 Northridge Road
Atlanta, GA 30350