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E-Verify Temporarily Unavailable During Government Shutdown

Oct 2, 2025 | Raluca Vais-Ottosen

E-Verify became unavailable at 12:01 a.m. on October 1, 2025, due to the federal government shutdown. This sudden disruption impacts both employers and employees who depend on E-Verify for employment eligibility checks. Until Congress passes legislation to approve a new budget and reopen its general operations, E-Verify will stay inactive.

This article summarizes the impact of the government shutdown on E-Verify operations.

 

What E-Verify features are unavailable during the shutdown?

The short answer: all features that matter.  During this outage, employers cannot:

  • Enroll in E-Verify
  • Create or manage E-Verify cases
  • View or take action on pending cases
  • Add or modify user accounts or company information
  • Reset passwords
  • Run reports

Additionally, the E-Verify customer support services are closed, meaning:

  • No phone or email support is available
  • Employees cannot resolve Tentative Nonconfirmations (TNCs)
  • Webinars and training sessions are canceled
  • Self Check and myE-Verify tools are inaccessible

 

How will the E-Verify outage impact employers’ compliance obligations?

To help mitigate the impact, DHS has announced several temporary policies, such as:

  • The “three-day rule” for creating a new E-Verify case is temporarily paused. The days when the E-Verify system is down do not count toward the three-day rule.
  • Paper I-9s for pending E-Verify+ cases: employers should complete a paper Form I-9 for employees whose E-Verify+ cases were marked “Pending Employee Response” or “Ready for Review.”
  • Remote document examination: employers using the DHS-authorized remote procedures for Form I-9 may continue doing so if they remain in good standing with E-Verify.
  • Extended time for mismatch resolution: The days E-Verify is unavailable will not count against the time employees have to resolve mismatches. SSA-related mismatches must wait until E-Verify resumes operations before visiting SSA offices.
  • Federal contractors subject to the E-Verify federal contractor rule should consult their contracting officer about deadline extensions.

 

Can employers terminate employees who are unable to resolve TNCs because of the shutdown?

No. Employers may not terminate or take any adverse action against an employee who received a TNC, because the E-Verify system shows an interim case due to being unavailable during the government shutdown.

 

How can employers verify an employee’s work authorization in the meantime?

E-Verify is not a replacement for the timely and proper completion of Form I-9 Employment Eligibility Verification. All Form I-9 requirements remain in effect and must be followed, regardless of any E-Verify outage.

Although E-Verify is optional for many, the I-9 verification remains mandatory for all employers, regardless of whether they participate in E-Verify. The government shutdown does not serve as a defense against I-9 paperwork violations or non-compliance with I-9 requirements. 

 

What is E-Verify?

E-Verify is a web-based tool managed by the U.S. Department of Homeland Security that helps employers verify the legal work authorization of new hires. E-Verify is meant to complement the I-9 Employment Eligibility Verification process. It is not designed to replace I-9 verifications, and employers can still be held responsible for I-9 violations even if they participate in E-Verify.

Currently, over 1.3 million U.S. employers are enrolled in E-Verify. Under federal law, E-Verify is voluntary for most employers, except for those who are federal contractors or subcontractors with a Federal Acquisition Regulation (FAR) clause. Several states have also passed laws requiring some employers within those states to use E-Verify. 

 

Why is E-Verify impacted by the government shutdown?

The E-Verify system is authorized through annual government appropriations, meaning it must be re-authorized with each fiscal year's funding bill. Therefore, when government operations shut down due to a lapse in appropriations for the Department of Homeland Security (DHS), the E-Verify system loses its legal authority to operate.

 

How long does the government shutdown last?

It is impossible to know how long the shutdown will last, as it depends on whether Congress and the U.S. President can agree on funding the government for the remainder of the fiscal year. For historical context, the last two government shutdowns that affected E-Verify occurred in the 2018 and 2019 fiscal years; the first lasted three days, and the second lasted over a month.

E-Verify has assured users that further guidance will be provided once operations resume. In the meantime, stay tuned and remain compliant!

If you have any questions about E-Verify, the I-9 Employment Eligibility Verification process, or other immigration-related issues, please contact Raluca (Luca) Vais-Ottosen at (608) 252-9291 or rvo@dewittllp.com.