Government Shutdown 2026: E-Verify Availability and Practical Takeaways for Employers

With the onset of a partial federal government shutdown last week, many employers are once again asking a set of familiar questions: how does this impact our hiring practices, and is E-Verify still available?

As of the date of this publication, E-Verify remains operational, despite the lapse in appropriations affecting portions of the Department of Homeland Security (DHS). While prior shutdowns most often resulted in E-Verify being taken offline, recent experience suggests the answer is no longer as predictable as it once was.

A Brief Look Back

Historically, E-Verify has relied on federal funding and was typically unavailable during government shutdowns. That long-standing assumption was disrupted during the recent October–November 2025 federal government shutdown.

At that time, E-Verify was initially taken offline, consistent with prior practice. However, approximately one week later, the system was restored, even as the shutdown continued. DHS did not publicly explain the decision, but the sequence suggested a shift in how the agency evaluates E-Verify availability during a funding lapse.

The fact that E-Verify remains available at the outset of the current shutdown suggests that last fall’s restoration may not have been a temporary anomaly, and that the system’s status during shutdowns may now be assessed differently than in the past.

Practical Considerations for Employers

For now, employers should continue following standard E-Verify procedures while the system remains available, including:

• Creating E-Verify cases within required timelines, where applicable

• Following up on E-Verify cases which require additional verification such as unconfirmed data responses and photo matching

• Following normal processes and timeframes for Tentative Nonconfirmations (TNCs) and Final Nonconfirmations (FNCs), while recognizing that government support staff (particularly at local SSA offices) may not be working normal hours

• Monitoring DHS and USCIS communications for any updates regarding system availability

Final Thoughts

More broadly, this is another example of how I-9 and E-Verify practices can be subject to sudden change. As recent I-9 and E-Verify policy shifts have shown, agency protocols may evolve, sometimes rendering long-standing assumptions obsolete. For HR teams, maintaining real-time awareness and the agility to pivot are quickly becoming some of the most valuable assets in an employer’s toolkit.