Employers will be unable to access their E-Verify accounts between March 23 at 6:00 p.m. (12 a.m. EDT) to March 26 at 2:00 a.m. (8 a.m. EDT).  U.S. Citizenship and Immigration Services will be conducting system enhancements during that time, and employers will be unable to

• Enroll in E-Verify;
• Create an E-Verify case;
• View or take action on an existing E-Verify case;
• Run reports in E-Verify; and
• Complete any account administration functions, including adding, deleting, or editing a user account, resetting passwords or editing company information.

In light of these restrictions, USCIS has suspended the “three-day rule” for creating E-Verify cases and will instead allow employers to create cases for new hires who begin work between March 20 and 26 up until March 29.  Employers are also prohibited from taking adverse action against employees because their E-Verify cases are in an interim case status due to E-Verify’s unavailability.  Examples of the kinds of interim case status that are included are ‘TNC,’ ‘DHS Verification in Process,’ and ‘Case in Continuance.’

While the foregoing applies to employers who use E-Verify to determine work authorization, it does not apply to those employers who verify work authorization using Form I-9.  For more information, see the Department of Homeland Security’s E-Verify outage fact sheet.