SC LLR Changes E-Verify After Government Shutdown - WSPA.com

SC LLR Changes E-Verify After Government Shutdown

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SC LLR Won't Penalize Businesses While E-Verify Is Down SC LLR Won't Penalize Businesses While E-Verify Is Down
COLUMBIA, S.C. - A partial government shutdown means the federal E-Verify system will not work. Tuesday, the South Carolina's Department of Labor, Licensing and Regulation said it will not penalize businesses who cannot verify employees, while the system is down. 

“The interruption with E-Verify is a concern right now for employers in our state,” LLR Director Holly Pisarik said. “I want to assure employers that during the time the federal government is shut down, LLR’s Office of Immigrant Worker Compliance will not penalize them for not being able to verify that their new hires are authorized to work in the United States.”

While the E-Verify system is down, employers cannot enroll in the system, verify employment, change passwords or IDs or run reports. Telephone and e-mail support are also unavailable.

To minimize the burden on both employers and employees, the SC LLR implemented the following policies:

  • The 'three-day rule' for E-Verify cases is suspended for cases affected by the shutdown. We’ll provide additional guidance once we reopen. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay. 
  • The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count toward the eight federal government workdays the employee has to go to SSA or contact DHS. We will provide additional time once we reopen. 
  • For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines. 
  • Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown. (Consult the E-Verify User Manual for more information on interim case statuses).
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