E-Verify has resumed normal operations following the recent federal government shutdown, creating urgent compliance requirements for employers nationwide. The Department of Homeland Security has officially restored access to the employment eligibility verification system, giving businesses limited time to address backlogged cases and meet critical deadlines.
E-Verify Compliance Deadline: October 14, 2025
Employers who hired workers during the E-Verify outage must create cases for these employees by Tuesday, October 14, 2025. When submitting these cases, HR teams should enter the actual hire date from the employee’s Form I-9 and select “Other” as the reason for delay, noting “E-Verify not available” in the comments section. The standard three-day case creation rule does not apply to hires made while the system was inaccessible.
Handling Tentative Nonconfirmations After System Restoration
For employees who received tentative nonconfirmations (TNCs) before the shutdown, employers must now reissue Referral Date Confirmations with updated instructions. The resolution process varies depending on when the case was referred:
- Cases referred after E-Verify resumed operations (October 8 or later) follow standard resolution deadlines
- Cases pending from before the shutdown require immediate attention with updated timelines
- Employees previously blocked from contesting mismatches should log back in for new deadlines
Federal Contractor E-Verify Requirements
Organizations subject to the E-Verify federal contractor rule face additional considerations. While compliance deadlines were paused during the system outage, obligations remain intact. USCIS recommends contractors directly contact their contracting officers to confirm adjusted timeframes and expectations. The shutdown created delays but did not eliminate compliance requirements.
E-Verify System Features and Support Availability
The newly reenabled E-Verify+ platform now displays updated “What’s Next” instructions for both employers and employees. Remote I-9 inspection through DHS’s alternative procedure remains available for qualified employers who were already using virtual review before the shutdown. While E-Verify Customer Support has resumed operations, employers should anticipate higher call volumes and slower response times during this catch-up period.
Best Practices for E-Verify Compliance Recovery
Employers should implement several key strategies to ensure compliance during this transitional period:
- Document all efforts to meet obligations in good faith
- Track submission activity and maintain records of delayed cases
- Escalate compliance issues internally when necessary
- Begin submitting cases immediately rather than waiting until the deadline
- Retain records of reissued notices and updated communications
Understanding E-Verify and Employment Verification
E-Verify is an internet-based system that compares information from an employee’s Form I-9 to data from U.S. Citizenship and Immigration Services and Social Security Administration records to confirm employment eligibility. The system plays a critical role in employment compliance, particularly for federal contractors and employers in states with mandatory verification requirements. For comprehensive guidance on employment eligibility verification, many organizations utilize specialized I-9 and E-Verify services to ensure compliance.
Government Shutdown Context and Historical Precedents
The recent federal government shutdown that temporarily suspended E-Verify operations follows historical patterns of federal budget impasses affecting essential services. Unlike the 2018-2019 shutdown that lasted 35 days, this recent suspension lasted approximately one week but still created significant compliance challenges for employers. USCIS, which manages E-Verify, typically resumes normal operations quickly after funding resolutions.
Additional Resources and Coverage
For employers seeking additional guidance, official E-Verify resources provide the most current information about system status and requirements. Employers can also reference USCIS policy updates for detailed compliance information. For related analysis on compliance technology and data security in verification systems, see our additional coverage on data breach settlements and security compliance requirements.
