Attention Employers and HR Professionals:

The E-Verify system is officially back online and will continue to remain online for the duration of the government shutdown; it may be time to catch up on any employment verification cases that were delayed during the outage.

What Is E-Verify?

E-Verify is a free, web-based system operated by the U.S. Department of Homeland Security. It allows employers to confirm the employment eligibility of new hires by electronically comparing information from the employee’s Form I-9 to records from the Social Security Administration and DHS.

What Is Form I-9?

Form I-9, or the Employment Eligibility Verification form, is required for every employee hired in the United States. Employers must:

  • Ensure the employee completes Section 1 on or before their first day of work.
  • Complete Section 2 within three business days of the employee’s start date.
  • Review and retain acceptable documents that verify identity and work authorization.

Important Compliance Reminder

E-Verify is a supplement to—not a replacement for—Form I-9. Even during system outages, employers are still required to complete Form I-9 on time. Now that E-Verify is back online, employers may wish to:

  • Submit any backlogged E-Verify cases immediately,
  • Follow USCIS guidance on handling delayed cases, and
  • Avoid taking adverse action against employees due to verification delays the outage caused.

Timely action may help avoid penalties and ensure organizations’ workforces remain properly vetted.

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Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.