Federal Government Shutdown Impacted E-Verify

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All Employers Using E-Verify

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Quick Look

  • Employers using E-Verify found out on October 1, 2025 that the service was suspended due to the ongoing government shutdown.
  • On October 9, however, E-Verify sent another email and issued a notice that its services were operational once again.
  • Employers had until Tuesday, October 14, 2025 to create cases for employees who were hired during the period of time the services were unavailable.

Discussion

E-Verify Suspended

 

Employers using E-Verify found out on October 1, 2025 that the service was suspended due to the ongoing government shutdown. An email sent by U.S. Citizenship and Immigration Services (USCIS) stated that it was due to a lapse in Department of Homeland Security (DHS) appropriations and statutory authority to continue the E-Verify program during the lapse. The email notice reiterated employer obligations to complete and retain Form I-9 regardless of the E-Verify service being taken offline. This included reaffirming that employers enrolled in good standing in E-Verify were still authorized to perform remote examination of employees’ Form I-9 documents. The notice also confirmed that employees could not resolve E-Verify Tentative Nonconfirmations (TNCs) during this time. The email was available briefly on E-Verify’s What’s New section of their website, but then was taken down shortly after it was posted.

 

E-Verify Resumes Services

 

On October 9, however, E-Verify sent another email and issued a notice that its services were operational once again. Employers had until Tuesday, October 14, 2025 to create cases for employees who were hired during the period of time the services were unavailable. The notice provides answers to the following questions:

 

What if an employer is not able to create a case by the third business day after the employee began to work because E-Verify was unavailable? Use the prompt available during case creation which requires a reason for the delay. Select “Other” in the dropdown and enter “E-Verify not Available.”

 

What if the unavailability of E-Verify affected an employee’s ability to contest a mismatch? Additional time will be given to contact Social Security Administration (SSA) or DHS if the Referral Date Confirmation notice stated action was to be taken by October 1, 2025 or later. Refer to the next question below for more information.

 

What if an employee received a mismatch (TNC) and intended to contest it but the employer’s Referral Date Confirmation was impacted by the E-Verify’s suspension? Employers must revise the date to when the employee must contact the SSA or DHS. There are three options:

 

  • The best option is to print a new “Referral Date Confirmation” notice that will have the new date employees must contact SSA or DHS to begin resolving their mismatch.
  • The next option is to log in to E‑Verify, select the employee’s case to find their new referral date, and write the new date on the previously issued “Referral Date Confirmation” For E-Verify+ cases, review the “What’s Next” page for an updated date.
  • The third option is to add six (6) federal business days to the date on the employee’s “Referral Date Confirmation” notice. Federal business days are Monday through Friday and do not include federal holidays.

 

What if you are a federal contractor required to enroll in or use E-Verify and could not? Enroll or use E-Verify as soon as possible. Any calendar day when E-Verify was unavailable will not count toward any of the federal contractor deadlines.

 

What if E-Verify is suspended again?

 

Although E-Verify’s notice stated that it was in service again, many users reported they were still unable to create new cases. With continued uncertainty around the shutdown and continued technical issues, employers should prepare for the event that E-Verify could be unavailable again. Employers should remember that the unavailability of E-Verify does not excuse them from their obligation to complete and retain Form I-9 for new hires. In addition, employers should reference the existing guidance issued during the suspension and resumption of service as a roadmap to handling new cases. Guidance could change, however, so continue to monitor the E-Verify website for the most up-to-date information.

 

Action Items

  1. Review the notice regarding resumption of services here.
  2. Provide updated Referral Date Confirmation dates to employees, where applicable.
  3. Have appropriate personnel trained on the requirements.
  4. Continue monitoring the E-Verify website for updates.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase