E-Verify and the Possibly Looming Government Shutdown: What HR Needs to Know

With a possible government shutdown looming on October 1, 2025, HR departments may be concerned about how it might impact their hiring and Form I-9 processes, especially those that rely on E-Verify, a federally-funded system which electronically confirms work eligibility in the US. 

While the shutdown's likelihood and duration remain uncertain, employers can anticipate how E-Verify may be impacted based on previous government shutdowns and policy decisions from the United States Citizenship and Immigration Services (USCIS). 

Here is some important information on form I-9 and E-Verify for HR:

Employers must still complete the Form I-9 

The most important thing to remember is that you must still complete the Form I-9 for all new hires in the US, regardless of whether or not the E-Verify system is online, offline, or just taking a temporary break. As we often discuss, E-Verify is never a replacement for the Form I-9 process. 

E-Verify, including E-Verify+ may become totally unavailable

During previous shutdowns, the E-Verify system and related services were taken offline. This meant that employers (and E-Verify employer agents) were unable to enroll in E-Verify, verify employment eligibility, view or take action on any cases, terminate an account, or perform other administrative actions. 

In addition, E-Verify customer support and related services were also impacted. This meant that employees were unable to resolve mismatches (aka Tentative Nonconfirmations or TNCs), USCIS telephone and email support was unavailable, and E-Verify-led webinars and training sessions were canceled.

Employers using the USCIS’ new E-Verify+ program, which includes an electronic I-9 component, may also be impacted by the government shutdown. In prior years, USCIS had indicated that “related” E-Verify services provided through the myE-Verify portal (such as Self Check and Self Lock) would be unavailable, and E-Verify+ relies upon the myE-Verify portal for Form I-9 Section 1 completion.  

Employers will typically have more time to create E-Verify cases

Under normal circumstances, employers must create E-Verify cases within three business days after an employee starts work for pay. During past government shutdowns, the USCIS has suspended this so-called 'three-day rule' for E-Verify cases and instructed employers to submit these I-9s to E-Verify once the system comes back online.

If USCIS takes a similar stance in 2025, HR will want to make sure to keep track of all new hires during the shutdown and maintain easy access to the I-9 files (as well as copies of required supporting documents for photo matching). Employers using the electronic I-9 systems from Equifax can benefit from automatic queuing and submitting of the E-Verify cases – helping save a significant amount of time and worry.   

Mismatches will also usually receive additional time to resolve

In the past, the USCIS has announced that if the federal government shutdown prevents your employee from contesting a mismatch (also known as a TNC), he or she will typically be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS) once the system resumes. As with new hire cases, employers should carefully track any pending TNCs once a shutdown has been confirmed. 

Employers should also remember that they are prohibited from taking any adverse action towards employees with TNCs while the E-Verify system is unavailable, including terminating, suspending, or withholding training, hours, or pay. 

Federal contractors and subcontractors may have unique challenges

During past shutdowns, federal contractors and subcontractors were unable to enroll or use E-Verify as required by the FAR (federal acquisition regulation) federal contractor rule. If your organization misses a deadline because E-Verify is unavailable or if it has an upcoming deadline for complying with the federal contractor rule, USCIS will typically instruct you to complete your cases (following the same guidelines mentioned above) and to notify your contracting officer.

Employers may continue using the new “alternative procedure” for virtually examining documents

In anticipation of a potential government shutdown last year, the USCIS noted that qualifying employers may use the new virtual process for examining documents remotely, even if the E-Verify system is temporarily unavailable. These employers remain eligible, since under the program rules, they will need to eventually submit the I-9 to E-Verify once access resumes. 

However, this allowance will likely not extend to employers who haven’t yet enrolled in the E-Verify system, since these organizations would be unable to later E-Verify employees that were hired prior to enrollment.

That’s all for now. Stay tuned for more updates on the E-Verify system (and related shutdown news) by following this blog. And in the meantime, if you have any questions about managing E-Verify during a potential government shutdown or would like more information on our integrated I-9 and E-Verify software solutions, please visit I-9 HQ™.

 

The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel.  Equifax Workforce Solutions provides services that can help employers reduce their compliance risks. Details on our provision of these services and related support will be contained in your services agreement. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.