While the U.S. Government "Shutdown" persists, employers must continue to use Form I-9 to verify new workers, but they cannot use E-Verify, because E-Verify is an appropriated activity and is shut down. It appears that participating employers and their workers will be allowed and required to catch up, with deadlines extended, after the shutdown ends.
For details from U.S. Citizenship & Immigration Services, the agency that operates E-Verify, see the USCIS page on the E-Verify shutdown.
How We Can Help
Baker Donelson's Immigration Group regularly counsels employers on I-9 compliance. We perform private audits of I-9 documents, prepare compliance programs, and train managers and workers in implementing those programs. We evaluate particular questionable documents and situations. We help employers decide whether and how to create or store I-9 forms electronically, to use Social Security Administration's Number Verification System, or to participate in the Department of Homeland Security's "E-Verify" program. We defend sanctions actions by ICE for paperwork and "knowingly hire" violations of I-9 rules. We work with our strong Litigation Department to bring and defend claims against competitors based on employment of unauthorized aliens. We advise and defend employers and managers in the increasingly common criminal investigations and proceedings relating to employment of aliens. We coordinate our Team's services closely with our firm's well-respected Labor and Employment Law Group and with our firm's White Collar Crime Group. We provide advice and coordinate with U.S. and foreign preparers concerning U.S. taxation of international companies doing business in the U.S., and concerning the U.S. taxation of international workers placed in the U.S. and abroad.