By John Fay
While much of the federal government remains shuttered amid the ongoing funding impasse in Washington, the E-Verify service has quietly flickered back to life. On October 9, 2025, the United States Citizenship and Immigration Services (USCIS) announced that E-Verify has resumed operations as of October 8th, restoring participating employers’ ability to confirm work authorization of new hired employees, resolve outstanding cases, and otherwise manage their E-Verify responsibilities. The E-Verify system had been offline since the 2025 federal government shutdown began on October 1, 2025.
Although USCIS has not elaborated on the unusual timing of this E-Verify reactivation, some government functions are permitted to continue during a shutdown if the relevant federal agency determines they are essential or “excepted” in order to ensure public safety or national security among other reasons. E-Verify may fall into that category given its connection to employment authorization.
Whatever prompted the restart, its practical effect for employers is clear: with the system back online, your E-Verify responsibilities once again resume. Organizations may have new hires whose Forms I-9 were completed after the system went offline on October 1 that are pending E-Verify creation. Or they may have cases that are awaiting a photo match, a mismatch (TNC) resolution, or a final non-confirmation close-out among other E-Verify tasks. Some organizations may even have a pending state-based audit that calls for an E-Verify report.
But fear not, because USCIS has provided some guidance for managing the sudden (and hopefully long-term) reinstatement of the E-Verify system on their website here. To help you digest this information, we’ve also created a short E-Verify resumption FAQ below, which includes some additional pointers based on our past experiences with shutdowns. Read below for our quick survivor’s kit to help you get back online with your E-Verify obligations.
Q: How much time do I have to create new E-Verify cases for employees whose I-9s were completed on or after October 1?
A: Normally, employers must create an E-Verify case for new hires no later than the third business day after the employee starts work for pay. Since the shutdown prevented employers from submitting cases in a timely fashion, the USCIS is providing employers until Tuesday, October 14, 2025 to create cases for employees hired while E-Verify was not available.
Q: Is there anything else that I need to do when submitting these late E-Verify cases?
A: If the E-Verify system prompts you to enter a reason for the late submission, the USCIS advises that you select “Other” from the drop-down list and write “E-Verify Not Available” as the specific reason. But note that in the past, the E-Verify system has occasionally skipped the late reason prompt. Many organizations observed this behavior during a prior shutdown in 2013. Regardless, the USCIS has noted in their guidelines that the days E‑Verify was unavailable will not count towards employers’ usual 3-day requirement.
Q: Do I also have until October 14, 2025 to create E-Verify cases for employees since the system came back up?
A: No, any employees hired after E-Verify resumed operations must be submitted in the usual 3-day time window. But note that if you are unable to submit these cases in a timely fashion due to delays in the E-Verify system, you may indicate “Technical Problems” from the drop-down list.
Q: Prior to the shutdown, my employee received a Tentative Nonconfirmation (TNC) in the E-Verify system and decided to contest it. How many days does the employee now have to resolve the mismatch?
A: According to the USCIS guidelines, if your employee received a TNC prior to the shutdown and notified you of their intention to take action, the referral deadline will be extended by six (6) federal business days. USCIS notes that employers can re-print a new “Referral Date Confirmation” notice that will have the extended date or simply write the new date on the previously issued notice. If employers are calculating the dates themselves, it’s important to remember that federal business days are Monday through Friday and do not include federal holidays (such as Monday, October 13).
Q: Are there any special considerations for employers using E-Verify+?
A: The E-Verify+ system, which is only available to “direct” web users, enables a participating employer to initiate an electronic I-9 within the E-Verify+ platform and manage their E-Verify responsibilities through an employee-centric workflow. During the shutdown, the E-Verify+ system was completely unavailable - meaning that employers were unable to create new I-9s, have employees complete Section 1, finish review of Section 2, and other I-9 related tasks. As a result, these organizations may have switched to an alternative I-9 completion process last week which might call for a quick review to ensure that everything was completed in a timely fashion.
With respect to the “E-Verify” functions of E-Verify+, USCIS guidelines note that if an employee was prevented from contesting a mismatch due to the shutdown, the E-Verify+ system will automatically provide the individual with additional time to contact SSA or DHS.
Q: How does the E-Verify resumption of service impact employers using electronic I-9 systems?
A: Employers using electronic I-9 systems (with E-Verify web services integrations) typically have a distinct advantage over organizations who complete I-9s on paper and manually enter E-Verify cases through the web interface. Many such applications will queue up I-9s that need to go to E-Verify during a shutdown (or other interruption) and then automatically submit once the E-Verify system comes back online. Case decisions will then be delivered back to the electronic I-9 and E-Verify system for further processing or closing as applicable.
While every electronic I-9 and E-Verify system operates differently, employers can generally expect to resolve pending cases as they normally would through the application.
Q: Our organization is enrolled in E-Verify as a federal contractor (with the E-Verify clause) and one of our deadlines occurred during the government shutdown. How should we proceed?
A: USCIS guidance is that any calendar day during which E-Verify was unavailable due to the lapse in appropriations should not count towards the federal contractor deadlines found in the Employment Eligibility Verification Federal Acquisition Regulation. The USCIS recommends contacting your contracting officer for more information.
Q: Is USCIS customer support available to answer my E-Verify questions?
A: Yes, but you should plan for longer than normal delays and response times (given the backlog of cases). For any questions or additional information about the unavailability of E-Verify, the USCIS recommends sending an email to e-verify@dhs.gov. Employers and employees may also contact E-Verify at 888-464-4218 Monday through Friday from 8 a.m. to 8 p.m. (Eastern).
Stay tuned for more updates on I-9 and E-Verify by following this blog. And if you 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.
About the Author
Job Title: Director of Product Strategy
John Fay is an attorney and technologist with a deep applied knowledge of business immigration, I-9, and E-Verify rules and procedures. During his 20-plus-year career, he has worked closely with corporations, educational institutions, and government agencies on a variety of U.S. immigration and I-9/E-Verify issues, often in connection with the use of software and case management technology. He is a frequent speaker on corporate immigration compliance, presenting at various employment and immigration conferences throughout the U.S. During the past decade, he has spoken in more than 300 live and virtual presentations on I-9 and E-Verify topics, often serving as the moderator. He is also a prolific writer on both I-9 and E-Verify, authoring more than 500 articles for human resources professionals and related associations.