USCIS has confirmed that E-Verify is back online following a system outage resulting from the Federal Government shutdown. The agency has provided grace periods and specific instructions for cases impacted during the downtime.

What E-Verify Employers Must do Now

• Create backlogged cases by Tuesday, Oct. 14, 2025. For each employee hired while E-Verify was unavailable, open a case using the hire date from the employee’s Form I-9. When prompted for the delay reason, select “Other” and enter “E-Verify not Available.” Days the system was down do not count toward the usual three-business-day rule.
• Handle Tentative Nonconfirmations (mismatches) impacted by the outage by reissuing a Referral Date Confirmation with the new deadline.
• Print a new notice from the case; alternatives: hand-write the new date from the case or add six federal business days to the original date.
• Do not add extra days for mismatch cases referred on or after Oct. 8, 2025. If an employee chose to contest during the outage, refer the case now and follow the normal mismatch process.
• Federal contractors: Any calendar day E-Verify was unavailable does not count toward E-Verify federal contractor rule deadlines. Coordinate with your contracting officer as needed.

Notes for Employees

• Employees with traditional E-Verify cases who were unable to act during the outage get additional time.
• Obtain a new referral date from the employer (printed or written on the existing notice) or add six federal business days to the original date. Then contact SSA or DHS by the new date.
• Employees with E-Verify+ cases should log back in and check the “What’s Next” page for an updated action-by date.

This Client Alert provides general information and does not constitute legal advice. For advice on specific situations, please contact Meltzer Hellrung LLC.

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