NEW E-Verify and EEO-1 Deadlines – Fallout from the Government Shutdown

The recent partial government shutdown touched everyone in one way or another. For employers, this meant no access to E-Verify and EEO-1 reporting.

Despite the government shutdown, employers were still required to complete a Form I-9 for all new hire employees during that time. Employees must complete Section 1 of the Form I-9 no later than the first day of employment, and the employer must complete Section 2 within three business days of the employee’s first day of employment.

Now that E-Verify is up and running, employers who participate in E-Verify must create an E-Verify case by February 11, 2019 for each employee hired while E-Verify was not available. E-Verify posted a notice on how to create new cases in the system for new hires occurring during the government shutdown. Additionally, tentative nonconfirmations and federal contractor deadlines have also been extended. Despite these accommodations, employers should expect delays in the E-Verify system, case processing, and requests for assistance.

Also due to the recent government shutdown, the opening of the EEO-1 Survey has been postponed until early March 2019. The deadline to submit EEO-1 data will be extended to May 31, 2019. Private employers with 100 or more employees, and certain federal contractors with 50 or more employees, must file. Look for updates on the EEOC’s website.

The U.S. government is currently operating through February 15^th; if it is shut down again, E-Verify employers should make plans for manual completion of Form I-9’s, and EEO-1 filing deadlines may change further. Employers should continue to look for updates on these deadlines as we move forward in February.