E-Verify is back up and running amidst government shutdown

October 9, 2025

On October 9, the U.S. Citizenship and Immigration Services (USCIS) indicated that the E-Verify system is once again running, despite the government shutdown.

Employers that participate in E-Verify must create an E-Verify case by October 14 for each employee hired while the system wasn’t available. They must use the hire date from the employee’s Form I-9 when creating the E-Verify case.

If employers couldn’t create an E-Verify case by the third business day after an employee began work for pay because the system wasn’t available, E-Verify will prompt them during case creation to provide a reason for the delay. Impacted employers should:

Select “Other” from the “Select a Reason for Delay” drop-down menu, and
Enter “E Verify not Available” as the specific reason in the “Reason for Delay” text box.

The days E-Verify was unavailable won’t count toward the three business days employers usually have to create a case.

Mismatches

If an employee received a mismatch and notified the employer of their intention to contest it, and the employer provided the “Referral Date Confirmation” to the employee, the employer must revise the date by which the employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving the mismatch.

An employer has three options to provide a revised date to the employee for their “Referral Date Confirmation” notice:

The best option is to print a new “Referral Date Confirmation” notice that will have the new date employees must contact the SSA or DHS to begin resolving their mismatch. To reprint a copy of the employee’s “Referral Date Confirmation,” an employer must log in to E Verify, select the employee’s case, and select the “Print Confirmation” button.
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” notice.
The third option is to add six federal business days to the date on the employee’s “Referral Date Confirmation” notice. Federal business days are Monday through Friday and don’t include federal holidays.

For mismatch cases that were referred once E-Verify resumed operations on or after October 8, an employer shouldn’t add days to the time the employee has to contact either the SSA or DHS. If the employee decided to contest the mismatch when E-Verify was unavailable, the employer should refer the employee’s case and follow the mismatch process.

Federal contractors

For federal contractors, any calendar day when E-Verify was unavailable won’t count toward any of their deadlines.

Key to remember: The E-Verify system is back up. Affected employers have only until October 14 to input cases that have happened since the government shutdown began to stay in compliance.

Publish Date

October 9, 2025

Author

Darlene Clabault

Type

Industry News

Industries

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