E-Verify Planning in the Event of a Government Shutdown

by Amy Peck and John Fayon April 8, 2011

[Editor's Note: today's blog is co-authored by Amy Peck of Jackson Lewis LLP.]

Amid the threat of a looming government shutdown, many employers have been asking whether the E-Verify system will remain operational, and if not, what impact this will have on their hiring practices. Although official guidance has not yet been publicly released by USCIS, our understanding is that the E-Verify system will in fact not be available to employers during a government shutdown (if indeed, one occurs). On a practical note, this means that employers participating in E-Verify will not be able to submit their new hires to the system within the 3-day deadline. Beyond that simple truth, however, lies several lingering questions regarding the timing of future E-Verify submissions, the ‚Äúreason‚Ä