(Un?)Intended Consequences

Those lofty, big picture thinkers rarely can imagine the consequences of their lofty, sweeping plans.

This press release from the National Federation of Independent Business points out a tiny, little problem…

CONTACT: Kyle Jackson, 404-876-8516, or Todd Pack, 615-791-9079
STATEMENT: Shutdown of E-Verify ‘Problematic’ for GA Small Businesses

ATLANTA, Oct. 2, 2013–Kyle Jackson, Georgia state director of the National Federation of Independent Business, released the following statement today in response to the shutdown of the federal government, including the E-Verify program, which allows business owners to confirm employment eligibility:
“The shutdown of E-Verify is problematic for small businesses that are required to participate in the program. On top of that, the combination of ongoing massive debt, the implementation of a deeply flawed health-care law, and the government shutdown exacerbates the uncertainty that small-business owners have been feeling for some time. There’s no doubt that Washington is making the small-business community very nervous, and small-business owners aren’t going to invest in new facilities or equipment or create jobs unless they’re confident about the direction of the economy.”

NFIB/Georgia is the state’s largest small-business association, with over 7,000 member businesses representing a cross section of the state’s economy.

Commemorating its 70th anniversary, the National Federation of Independent Business is the nation’s leading small-business association, with offices in Washington, D.C., and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small- and independent-business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists sends its views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information about NFIB is available at www.NFIB.com/newsroom.

While this “bump in the road” won’t get the media attention of heavily be-medaled octogenarians and nonagenarians hurtling over Barry-cades to see their memorial, these businesses can face real consequences (i.e., jail time) if they contract with the Federal Government and don’t use E-Verify for the required tasks, even if it’s not available through no fault of their own.

Only government bureaucrats could come up with this twisted scenario.


  1. Lawton Sack says:

    As one of those that uses E-Verify on a regular basis, the following is what we were provided:

    We understand that E-Verify’s unavailability may have a significant impact on your company’s operations. To minimize the burden on both employers and employees, the following policies have been implemented:

    1. 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.

    2. The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. We will provide additional time once we reopen.

    3. For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines.

    4. 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).

  2. Ed says:

    “Only government bureaucrats could come up with this twisted scenario.”

    I’m guessing you’ve never made any calls to customer service reps.

  3. Ellynn says:

    The way the state procurement law is written, all contracts, bids, RFPs, RFQs and suppliers have to be cleared by E-Verify if they are a Title II entity before a contract is signed.

    Anyone seeking a state level professional license has to have an E-Verify check.

    Counties and cities having local rules about issuing local licences (ie bartenders, tour guides, ect…) have to be cleared.

    The Sec. of State’s office is already behind in clearing professional licensing. This will not help.

  4. rrrrr says:

    The problem really isn’t a “problem” at all.

    Apparently our current players in DC believe border security ( or at least determining if you should work here) is a NON-CRITICAL government function.

    UNLESS you can sue a state over it…


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