Immigration Updates

Contributed by Sara Zorich


The federal government was shut down from October 1 – October 16, 2013.  During the governmental shutdown, E-Verify was unavailable for use.  E-Verify came back online on October 17, 2013.  Employers were unable to enter any employees into E-Verify during the governmental shutdown and employees were unable to address Tentative Nonconfirmations during such time.  Due to the shutdown, U.S. Citizenship and Immigration Services (USCIS) is allowing employers to enter each employee hired during or otherwise affected by the shutdown into E-Verify by November 5, 2013. If the employer is prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), USCIS has indicated the employer should select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field.  A copy of USCIS’s full instructions with additional information to assist employers dealing with E-Verify issues due to the federal government shutdown can be found at here.

According to USCIS, on October 22, 2013 E-Verify experienced some technical issues resulting in Tentative Nonconfirmations for employees who provided a U.S. Passport or Passport Card.  USCIS has provided guidance to employers who had this issue on October 22, 2013: “If you created a case for an employee who provided a U.S. Passport or Passport Card and received a Tentative Nonconfirmation, close the case as ‘Invalid because the data entered is incorrect.’  You should then create a new case for the employee using the same U.S. Passport or Passport Card information provided for Form I-9.”  If, when entering the new case, employers are prompted to select the reason the case was not submitted within 3 business days, they should select “Technical Problems” from the drop-down menu.  Employers MAY NOT ask the employee to provide different documents if the U.S. Passport or Passport Card used to enter the employee into E-Verify on October 22, 2013 appeared to be genuine and relate to the employee.

New Driver’s Licenses for Undocumented Immigrants in Illinois

In December 2013, the Illinois Secretary of State will begin issuing driver’s licenses to undocumented immigrants meeting the following criteria: (1) has resided in the state for more than one year; (2) is ineligible to obtain a social security number (SSN); and (3) is unable to present documentation authorizing his or her presence in the U.S.  The driver’s licenses being issued are called Temporary Visitor Driver Licenses (TVDLs), have a purple banner (instead of the standard driver’s license with a red banner) and state they are “Not Valid for Identification.”  Since the driver’s license states it is not valid for identification, employers must take care NOT to accept a TVDL as a valid List B document for Form I-9 purposes.