E-Verify Resumes Operations Amid Government Shutdown

Julie Pace and Heidi Nunn-Gilman

E-Verify has resumed operations, despite the government shutdown.  Employers who use E-Verify must create an E-Verify case by Tuesday, October 14, 2025 for all employees hired during the time period that E-Verify was not available.

For cases in which more than three business days passed between the date of hire and creating the E-Verify case, employers will be prompted to provide a reason for the delay.  USCIS has instructed that companies should select “Other” from the drop-down menu and type in “E-Verify Not Available” as the reason for delay.

If an Tentative Non-Confirmation referral had been made prior to shutdown, the referral date must be revised.  USCIS has provided three options for extending the date:

1. The best option is to print a new “Referral Date Confirmation” notice that will have the new date employees must contact SSA or DHS to begin resolving their mismatch. To reprint a copy of your employee’s “Referral Date Confirmation,” log in to E‑Verify, select your employee’s case, and select the “Print Confirmation” button.
2. The next option is to log in to E‑Verify, select the employee’s case to find their new referral date, and write the new date on the previously issued “Referral Date Confirmation” notice.
3. The third option is to add six (6) federal business days to the date on your employee’s “Referral Date Confirmation” notice.

For tentative non-confirmation cases that were referred after E-Verify resumed operations on October 8, 2025, no additional time is added.

E-Verify customer support is supposed to be available, but USCIS has warned to expect delays.

Many ICE and USCIS operations have continued during the government shutdown.  Employers should review their Forms I-9 and immigration compliance practices to ensure that they are ready for an audit.  Our firm routinely works with companies to conduct internal I-9 audits and to defend companies if they are audited by ICE.  For assistance with the ICE, I-9, or E-Verify process contact Julie Pace at jpace@psgmlaw.com or 602.858.8799 or Heidi Nunn-Gilman at hgilman@psgmlaw.com or 602.851.8797.