Despite the ongoing federal government shutdown, the Department of Homeland Security (DHS) has resumed E-Verify operations. After more than a week of suspended operations, U.S. Citizenship and Immigration Services (USCIS) has officially restored access to the system employers use to confirm employment eligibility. For HR and compliance teams, that means it’s time to catch up on case creation, resolve tentative nonconfirmations, and document any delays caused by the shutdown.
The Grace Period Is Short
Employers that hired workers during the E-Verify outage must now act quickly. USCIS is giving employers until Tuesday, October 14, 2025, to create E-Verify cases for employees hired while the system was down. That includes entering the hire date listed on the employee’s Form I-9 and selecting “Other” as the reason for the delay, with “E-Verify not available” noted in the comment box.
USCIS has confirmed that the days E-Verify was unavailable do not count against the standard three-day case creation rule. But the grace period to correct course is short; employers should begin submitting cases now, not wait until the October 14 deadline.
TNCs Must Be Re-Referred with New Dates
If an employee received a tentative nonconfirmation (TNC), and the employer previously issued a Referral Date Confirmation based on the employee’s decision to contest it, the employer must now reissue that notice with updated instructions. There are three acceptable options:
- Best practice: Print a new Referral Date Confirmation notice from E-Verify with the updated referral deadline.
- Alternate: Manually write the new referral date on the previously issued notice after reviewing the case details in E-Verify.
- Fallback: Add six federal business days to the original referral date on the employee’s notice.
If the mismatch case was referred after E-Verify resumed operations (on or after October 8), no extra time is added; standard resolution deadlines apply.
Federal Contractors Must Coordinate Extensions
Employers subject to the E-Verify federal contractor rule must also act. While E-Verify’s unavailability paused countdown clocks on compliance deadlines, contractors are not off the hook. USCIS encourages contractors to contact their contracting officers directly to confirm new timeframes and expectations. The delay does not erase obligations; it only shifts the schedule.
E-Verify+ and the New Remote Inspection Workflow
For employers using E-Verify+, the newly reenabled platform will display updated “What’s Next” instructions. Employees who were blocked from contesting a mismatch due to the shutdown should log back in to receive their new deadlines for contacting the Social Security Administration or Department of Homeland Security.
Remote I-9 inspection through DHS’s “alternative procedure” also remains valid for qualified employers. If you were already enrolled and using virtual review prior to the shutdown, you may continue doing so during the catch-up period.
Expect Delays and Plan Accordingly
E-Verify Customer Support has resumed operations, but USCIS expects higher-than-normal call volumes and slower response times. Employers should prepare for delays and document their efforts to meet obligations in good faith. Now is not the time to assume silence means compliance. Track activity, escalate internally when needed, and retain records of delayed submissions and reissued notices.
Compliance in the Recovery Phase
Employers who proactively maintained I-9 compliance during the hiatus will have an easier time reconciling E-Verify cases now that the system has resumed. Those who documented their hiring activity, saved supporting documents, and communicated with employees about TNCs are in a better position to demonstrate compliance.
The shutdown has reminded employers of E-Verify’s fragility. Whether mandated by law or voluntarily adopted, the system is susceptible to political gridlock. What matters now is how employers respond: with speed, documentation, and vigilance.