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As the federal government re-opened (officially on Jan. 25, 2019), E-Verify has resumed operations. The Department of Homeland Security (DHS) has provided guidance regarding the resumption of E-Verify operations. Although all E-Verify features and services are now available, including the ability to resolve a Tentative Nonconfirmation (TNC), employers may experience longer-than-usual processing times as the agency works through the large volume of cases that accumulated during the government shutdown. Employers who participate in E-Verify must create an E-Verify case by Feb. 11, 2019, for each employee hired while E-Verify was not available.

Form I-9, Employment Eligibility Verification

Although Form I-9 support representatives were unavailable during the government shutdown, and E-Verify services were disrupted, employers were still required to complete and retain Form I-9s for every person hired for employment in the United States during that time, as long as the person works for wages or other remuneration.

E-Verify

Creating Cases: Employers who participate in E-Verify must create an E-Verify case by Feb. 11, 2019, for each employee hired while E-Verify was not available. You must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If the case creation date is more than three days following the date the employee began working for pay, select “other” from the drop-down list, and enter “E-Verify Not Available” as the specific reason.

Tentative Nonconfirmations: If your employee received a TNC and notified you of his or her intention to contest it by Feb. 11, 2019, you must revise the date by which your employee must contact the Social Security Administration (SSA) or DHS to begin resolving the TNC. Please refer to the guidance for further instructions. For TNC cases that were referred after E-Verify resumed operations, do not add days to the time your employee has to contact either SSA or DHS. If your employee decided to contest the TNC when E-Verify was unavailable, you should now refer to the employee’s case and follow the TNC process.

Federal Contractor Deadlines: Any calendar day during which E-Verify was unavailable due to the government shutdown should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation. Please contact your contracting officer for further information on federal contractor responsibilities

˘ Not admitted to the practice of law

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Photo of Martha Schoonover‡ Martha Schoonover‡

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and…

Martha J. Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and crew members working on the Outer Continental Shelf. In addition, Martha assists in obtaining labor certifications and permanent resident status for professionals, researchers, multinational managers and executives and other priority workers and in obtaining and relinquishing U.S. citizenship.

Martha represents companies facing U.S. government investigations or audits for immigration violations and prepares immigration and visa compliance programs for clients. She counsels employers on the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 and represents employers being audited by the U.S. Government. In addition, she assists foreign companies in obtaining vessel exemptions from the U.S. manning requirements of the U.S. Outer Continental Shelf Lands Act and in obtaining determinations from the Coast Guard that persons are not a part of the regular complement of the crew. Her practice involves appearances before and filing petitions/applications with the U.S. Department of State and its overseas posts, The U.S. Department of Labor, and the Department of Homeland Security, including U.S. Citizenship and Immigration Services and the U.S. Coast Guard. Martha has been a frequent lecturer and author for the American Immigration Lawyers Association (AILA) American Bar Association and ALI-ABA. She headed AILA’s Labor Certification Task Force from 1993 to 1995 and has served on its State Department and INS/CIS General Counsel Liaison Committees.

Admitted in the District of Columbia. Not admitted in Virginia. Practice limited to federal immigration practice.