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New Rule for Employers Who Hired During the Shutdown Nov. 5 Deadline

Published Monday, October 28, 2013

During the 16-day government shutdown, employers (including clubs) could not utilize the E-Verify Program. E-Verify is the Internet-based employment eligibility verification system that NCA recommends all its members use. It helps guarantee that clubs are hiring legal workers and also protects clubs from litigation down the line.

If your club currently uses E-Verify and you hired anyone from October 1 – October 17 (while the E-Verify system was down), you will need to abide by what U.S. Citizenship and Immigration Services (USCIS) is calling the “Three Day Rule.”

By Nov. 5, 2013, employers must create an E-Verify case for each employee hired during the shutdown. When selecting a reason for why the case is late, choose “Other” and then enter “federal government shutdown.” Additionally, if you received a Tentative Nonconfirmations and Final Nonconfirmations for any new hires, your club will need to resubmit their information as the accuracy of those nonconfirmations were also affected.

USCIS also said it will accept late I-129 petitions under the H-2B low-skilled, nonagricultural guest worker program.

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