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Quick Hits
- The federal government shutdown and resulting lapse in funding had caused E-Verify to be offline since October 1, 2025.
- Employers were still required to complete Form I-9s for new hires, but E-Verify participants were unable to access that system to confirm employment eligibility.
- Now that the system is back up, by a deadline of October 14, 2025, E-Verify participating employers must create an E-Verify case for each employee hired while the system was down.
What Is E-Verify?
E-Verify is a voluntary internet-based system operated by DHS in partnership with the Social Security Administration (SSA). It allows participating employers to electronically verify the employment eligibility of their newly hired employees. By comparing information from an employee’s I-9 to data from DHS and SSA records, E-Verify helps ensure that employees are legally authorized to work in the United States. While E- Verify is not mandatory for most employers, certain federal contractors are required to use E-Verify, and several states and localities have their own E-Verify mandates.
Next Steps
According to DHS guidance, E-Verify employers that participate in the program and have hired workers while the system was down must create an E-Verify case by Tuesday, October 14, 2025. When creating the case, employers will use the hire date from the employee’s Form I-9. If the employer was unable to create an E-Verify case within the usual three business days after the employee began work due to the system’s unavailability, E-Verify will prompt the employer to provide a reason for the delay. Employers will have the ability via a drop-down menu to explain that E-Verify was unavailable.
The days E-Verify was unavailable will not count toward the three business days employers typically have to create a case. Similarly, federal contractors that could not enroll or use E-Verify as required will not have any calendar day when E-Verify was unavailable count toward their federal contractor deadlines.
Information on Tentative Nonconfirmations (Mismatches)
An employer that has an employee facing a mismatch (a “tentative nonconfirmation” where the employee’s I-9 information does not match the DHS or SSA data) should carefully review the DHS guidance. Employers will need to take steps to revise the date when the employee must contact SSA or DHS to begin resolving the mismatch. If the unavailability of E-Verify prevented the employee from contesting or resolving a mismatch, additional time will be given to contact SSA or DHS.
DHS guidance explains that E-Verify support requests will likely increase, so employers should expect delays when contacting E-Verify customer support.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Government Contracting and Reporting, Governmental Affairs, and Immigration blogs as additional information becomes available.
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