United States: E-Verify Resumes Operations, With Some System Issues Reported

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.

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.

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.