Why the government shutdown requires that E-Verify’s servers go down is not clear, but the reality that standard background checking procedures at many employers are no longer working is taking its toll across the United States today.
...the best time to get hired as undocumented is now.
“We can’t process our background checks,” tweeted Sarah aka Sarah
Some found a silver lining in the debacle. “Well, perhaps the best time to get hired as undocumented is now,” wrote Prenal Lal.
“Silver lining to the government shut down,” tweeted EvilHRGIrl whose handle wins my award for pleonasm of the week.
“We’ve got a lot of staffing companies calling us about it,” says Susan Wurst, VP of Account Management at Tempworks, whose software automates the E-Verify process during applicant intake. “The impact on our users is similar to calling someone on the phone and not getting an answer. After a few seconds, we return a timeout letting the user know.”
Wurst recommends that E-Verify-enrolled employers track employees who have not been verified during the shutdown. She does not expect the USCIS to use the number of days of shutdown in calculating the three-day TNC (tentative non-confirmation) rule.
"Indeed, if the government were to do so, it would be tantamount to ordering employers to stop hiring during the shutdown."
So far there has been no guidance from the USCIS as to how employers should proceed during the shutdown, However, guidelines elsewhere suggests that employers enrolled in E-Verify use the following procedure:
If an E-Verify case is not created by the third business day after the employee begins work for pay, the user must indicate the reason for the delay. Select from one of the following reasons:
- Awaiting Social Security number
- Technical Problems
- Audit Revealed that New Hire Was Not Run
So there it is, choose “Other” and for reason, put “government shutdown.”