United States: E-Verify Resumes Operations, With Some System Issues Reported
October 9, 2025
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At a glance
- The USCIS E-Verify program has said it has resumed operations after its expiration on October 1 due to the government shutdown. However, there have been some technical issues reported since the system went back online.
- No explanation was provided by the government regarding the resumption of operations; Congress has not yet reauthorized the program since its expiration on October 1.
- E-Verify has provided guidance to participating employers and employees to address situations in which the week-long lapse in operations prevented or disrupted the fulfillment of certain E-Verify obligations.
The issue
The E-Verify employment eligibility verification system that had become inaccessible on October 1 due to the government shutdown is now again operational, according to the Department of Homeland Security (DHS). As detailed below, participating employers and employees who have been impacted by the week-long E-Verify suspension will be provided with additional time to comply with certain system requirements. E-Verify users should be aware, however, that since being placed back online, the system has been experiencing periods of instability and inaccessibility. This could potentially be due to a large number of users trying to access the system after the surprising resumption of E-Verify operations, or to technical issues related to the re-start.
In prior government shutdowns, E-Verify was not operational for the duration of the shutdown and only resumed once re-authorized by Congress. The legal basis for restarting E-Verify operations without Congressional authorization is not clear, and there may be further system outages during the government shutdown. However, while the system is operational, it is advisable for E-Verify users to make use of the system and any related government guidance in trying to comply with E-Verify requirements and deadlines.
Background
Congressional authorization for E-Verify expired on September 30 and the system became inaccessible on October 1 to participating employers and employees. During the lapse in operations, employers were not able to initiate E-Verify queries or resolve tentative non-confirmations, and employees were unable to contest these non-confirmations. Neither parties were able to meet the usual E-Verify deadlines during this time. Without explanation, E-Verify operations have resumed and DHS has provided guidance to employers and employees on the resumption of services.
A closer look
The E-Verify program has provided the following guidance regarding the resumption of operations after the week-long lapse:
- Creating cases: Participating employers must create an E-Verify case by Tuesday, October 14 for each employee hired while the system was not available. The employee’s Form I-9 hire date must be used to create the E-Verify case. For employers that were not able to create cases in a timely manner due to the system shutdown, a dropdown option of “E-Verify not Available” will be offered to explain the delay in case creation. The days E-Verify was unavailable will not count towards the three business days employers usually have to create a case in E-Verify.
- Tentative nonconfirmations (mismatches): Where an employee received an E- Verify mismatch and notified the employer of their intention to correct it, E-Verify offers several employer options for how to provide a revised “referral date” to the employee to begin resolving the mismatch. For mismatch cases that are referred on or after October 8, however, employers should not add days to the time the employee has to contact the Social Security Administration (SSA) or DHS to try to resolve the mismatch.
For E-Verify employees who received an employer notice requiring them to take action to resolve a mismatch by October 1, 2025, and who were prevented from contesting the mismatch due to the E-Verify system unavailability, the new E-Verify guidance provides various options for the employee to request a new “Referral Date Confirmation” notice from their employer.
- Federal contractor deadlines: According to the E-Verify guidance, any calendar day when E-Verify was unavailable will not count toward any of the federal contractor deadlines. Federal contractor employers should contact their contracting officer for more information on their responsibilities.
For full details on the above guidance, please refer to the E-Verify announcement and consult with your Fragomen professional.
What’s next
While debate continues on the federal budget and the shutdown persists, it is possible that E-Verify may experience further technical issues or outages, but while the E-Verify system is active, employers should conduct any required activities according to the program guidance offered. Fragomen is following the operation of E-Verify closely and will issue further client alerts as developments occur.
This alert is for informational purposes only. If you have any questions about the effect of a possible shutdown on your organization, please contact the immigration professional with whom you work at Fragomen.
