After more than a week of suspended operations, E-Verify is back online, and employers across the U.S. are racing to catch up. The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have officially restored access to the system employers use to confirm new hires’ employment eligibility. If your organization hired workers during the outage, it’s critical to take immediate action before the October 14, 2025 deadline.
Below is everything you need to know about compliance, case creation, and next steps now that E-Verify has resumed operations.
1. The Grace Period Is Short — Act Now
Employers who hired workers during the E-Verify downtime must create cases no later than October 14, 2025. When doing so, use the employee’s actual hire date from Form I-9, select “Other” as the reason for the delay, and include “E-Verify not available” in the comment box.
USCIS has confirmed that days when E-Verify was offline don’t count toward the three-day rule for case creation. However, the grace period is short — waiting until the deadline could put your organization at risk. The best approach: start submitting cases now to ensure full compliance.
2. Handling Tentative Nonconfirmations (TNCs) Correctly
If an employee received a tentative nonconfirmation (TNC) during the outage and chose to contest it, employers must reissue a Referral Date Confirmation with updated instructions. You have three options:
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Best practice: Print a new Referral Date Confirmation from E-Verify with the updated referral deadline.
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Alternate: Manually update the date on the previously issued notice after verifying case details.
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Fallback: Add six federal business days to the original referral date on the employee’s notice.
For mismatch cases referred after October 8, standard resolution deadlines apply—no additional time is granted.
3. Federal Contractors and E-Verify+ Updates
Federal contractors using E-Verify under the federal contractor rule must coordinate with their contracting officers to confirm revised compliance deadlines. Although the system outage paused some countdowns, it did not erase obligations—it only shifted timelines.
For employers using E-Verify+, expect updated “What’s Next” instructions within the platform. Employees previously unable to contest mismatches will now see new deadlines for contacting the Social Security Administration or DHS. Additionally, remote I-9 inspection remains valid for qualified employers who were using DHS’s “alternative procedure” prior to the shutdown.
4. Plan for Delays and Strengthen Compliance
E-Verify support lines are back, but USCIS anticipates higher call volumes and slower response times. Employers should document every action taken to demonstrate good-faith compliance efforts, including case creation, TNC follow-ups, and communication with affected employees.
Organizations that maintained I-9 documentation during the outage will find the recovery phase easier. The key now is speed, accuracy, and documentation—ensuring that your hiring records reflect diligence and compliance under federal law.
Final Takeaway: Compliance Is a Continuous Effort
The E-Verify outage has been a stark reminder that even critical systems are not immune to disruption. But employers can minimize risk by responding quickly, documenting their actions, and keeping communication transparent. Whether mandated or voluntary, E-Verify compliance depends on proactive management—not just system availability.
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