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 wasnāt available. They must use the hire date from the employeeās Form I-9 when creating the E-Verify case.
If employers couldnāt create an E-Verify case by the third business day after an employee began work for pay because the system wasnāt available, E-Verify will prompt them during case creation to provide a reason for the delay. Impacted employers should:
- Select āOtherā from the āSelect a Reason for Delayā drop-down menu, and
- Enter āE Verify not Availableā as the specific reason in the āReason for Delayā text box.
The days E-Verify was unavailable wonāt 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 āReferral Date Confirmationā 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 āReferral Date Confirmationā notice:
- The best option is to print a new āReferral Date Confirmationā 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 employeeās āReferral Date Confirmation,ā an employer must log in to E Verify, select the employeeās case, and select the āPrint Confirmationā button.
- The next option is to log in to E Verify, select the employeeās case to find their new referral date, and write the new date on the previously issued āReferral Date Confirmationā notice.
- The third option is to add six federal business days to the date on the employeeās āReferral Date Confirmationā notice. Federal business days are Monday through Friday and donāt include federal holidays.
For mismatch cases that were referred once E-Verify resumed operations on or after October 8, an employer shouldnāt 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 employeeās case and follow the mismatch process.
Federal contractors
For federal contractors, any calendar day when E-Verify was unavailable wonāt 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.
October 9, 2025
AuthorDarlene Clabault
TypeIndustry News
Industries{not populated}
Related TopicsRecruiting and hiring
I-9s
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