E-Verify has officially resumed operations after an eight-day outage caused by the ongoing federal government shutdown. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the system came back online on October 8, restoring employers' ability to verify work authorization and resolve pending cases.
That's good news — but there's one critical deadline employers can't miss:
You must create all E-Verify cases for new hires made between October 1–8 by the end of today, October 14, 2025.
This compressed timeline means HR teams may need to work quickly to process multiple cases simultaneously. If you had a high volume of October hires, consider prioritizing federal contractor positions first, then processing remaining cases in chronological order by hire date.
Pro Tip: Pull your hiring reports for October 1–8 and cross-reference against completed I-9s. Many HRIS systems allow you to filter by start date, which can expedite this process. Create a simple tracking spreadsheet with employee name, hire date, I-9 completion date, and E-Verify case number to ensure no one falls through the cracks.
If an employee was contesting a Tentative Nonconfirmation before the shutdown, their resolution period has been extended by six federal business days. This extension accounts for the days when employees couldn't access government offices or online systems to resolve discrepancies.
Reprint or update the "Referral Date Confirmation" notice with the new date and provide it to the affected employee immediately. Failing to update this notice could result in confusion about deadlines and potential inadvertent violations of anti-discrimination rules if an employee believes they've missed their window.
Important: Don't terminate or take adverse action against employees with pending TNCs during the extended resolution period. Document all communications and date extensions in the employee's file.
If you use an electronic I-9 or E-Verify integration, make sure queued cases have transmitted successfully and are now returning results. Some systems may have experienced data transmission errors during the outage or immediately after restoration.
Action steps:
USCIS confirmed that days when E-Verify was offline don't count toward contract deadlines, but always confirm any timeline adjustments with your contracting officer. Different agencies may have varying interpretations of how the outage affects compliance timelines.
Federal contractor-specific considerations:
Use this checklist to make sure your organization is fully aligned with current I-9 and E-Verify requirements. Regular compliance reviews help identify gaps before they become audit findings or penalties.
E-Verify's sudden reactivation serves as a reminder that compliance doesn't pause — even when systems do. Government shutdowns, technical outages, and unexpected disruptions will continue to happen, but your legal obligations remain constant.
Taking a few minutes today to reconcile pending cases and review your I-9 and E-Verify processes can save you from costly fines and administrative headaches later. Immigration and Customs Enforcement (ICE) audits can result in penalties ranging from hundreds to thousands of dollars per form violation, and pattern-or-practice violations can lead to criminal investigations.
Beyond the financial risk, compliance problems can derail government contracts, damage your employer reputation, and create workplace mistrust. Employees who experience delays or errors in the verification process may question their job security or feel discriminated against, particularly if they perceive selective treatment.
The recent outage also highlights operational vulnerabilities: Organizations without clear contingency plans likely scrambled to respond, creating stress for HR teams and confusion for new hires. Those with documented procedures and trained backup staff were able to navigate the disruption smoothly.
If you're unsure whether your system is synced or your team is following the latest requirements, now's the time to review your workflow and reinforce your training. Consider this outage a test run for your compliance infrastructure. Did your processes hold up? Where did confusion arise? What would you do differently next time?
Use this moment to strengthen your program before the next disruption occurs.
|
Event |
Deadline |
|
Section 1 of Form I-9 |
On or before first day of work |
|
Section 2 of Form I-9 |
Within 3 business days of start date |
|
E-Verify case creation |
Within 3 business days of start date |
|
Cases for hires during outage (Oct 1-8) |
October 14, 2025 by midnight ET |
|
TNC employee response time |
8 federal business days (plus outage extension) |
|
I-9 retention |
3 years from hire OR 1 year from termination (whichever is later) |
|
Form I-9 current edition expires |
May 31, 2027 |
What if I can't complete all cases by the deadline?
Prioritize federal contractor positions and document your good-faith efforts. Submit as many as possible by the deadline and complete remaining cases first thing tomorrow. While not ideal, demonstrating reasonable effort during an unusual circumstance is better than doing nothing.
Do I need to notify employees that I'm creating their E-Verify case late?
No additional notification is required, but transparency can prevent confusion. A brief email explaining the system outage and confirming their employment status is not affected can ease new hire anxiety.
What if an employee's TNC deadline fell during the outage?
The resolution period is automatically extended for days the system was unavailable. Calculate the new deadline and update the employee with a revised Referral Date Confirmation notice.
Can I be penalized for cases created after the extended deadline?
Potentially, yes. However, documenting the outage, your efforts to comply, and any technical obstacles you encountered can help mitigate penalties. USCIS typically considers reasonable cause explanations, especially during unusual circumstances like government shutdowns.
Need help auditing your I-9 and E-Verify program after the outage? Schedule a compliance review with our team.