The latest government shutdown has suspended E-Verify, leaving employers uncertain about how to manage hiring and compliance. While E-Verify functions are unavailable, employment eligibility verification requirements have not disappeared. Businesses must still complete Form I-9 on time and prepare to reconcile cases once the system reopens. Understanding what has paused—and what hasn’t—is critical to staying compliant during this disruption.
What the Government Shutdown Means for E-Verify
Effective October 1, U.S. Citizenship and Immigration Services (USCIS) shut down all E-Verify services. Employers cannot create new cases, resolve tentative nonconfirmations (TNCs), update accounts, or enroll in the program. Employees also cannot access Self Check or myE-Verify. Even the integrated E-Verify+ system is stalled until further notice.
During this downtime, the “three-day rule” for creating cases is temporarily suspended. USCIS has stated that employers will be given additional time to submit cases once the system is back online. Until then, hiring processes must continue without E-Verify support.
What Doesn’t Change: I-9 Requirements Still Apply
Despite the shutdown, Form I-9 compliance deadlines remain firm. Employers must ensure Section 1 is completed on or before an employee’s first day of work, and Section 2 within three business days. E-Verify has always been a supplement, not a substitute, for the I-9 process.
Temporary flexibility does exist. For example, TNC resolution deadlines are paused, and employees cannot be penalized for delays beyond their control. Employers are also prohibited from taking adverse action against workers caught in pending cases during the shutdown. Federal contractors, however, face added pressure, as many contracts mandate E-Verify use—extensions must be coordinated directly with contracting officers.
Preparing for E-Verify Reopening
When E-Verify resumes, employers should expect backlogs. All pending cases will need to be entered quickly, following USCIS guidance. To stay compliant, HR teams should:
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Maintain complete and accurate I-9 forms for all new hires during the shutdown
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Document communications with employees about pending TNCs
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Track hires made during the disruption for later reconciliation
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Continue remote inspection of I-9 documents if already enrolled in E-Verify’s alternative procedure
Clear communication with employees is essential. Letting workers know that delays are government-driven helps reduce anxiety and demonstrates good-faith compliance.
The Bigger Picture: E-Verify’s Fragility
This isn’t the first time E-Verify has gone offline during a government shutdown. Because it relies on congressional appropriations, unlike fee-funded immigration services, it is highly vulnerable to political gridlock. For employers, the lesson is clear: while E-Verify is an important compliance tool, Form I-9 remains the foundation. Vigilance, accurate recordkeeping, and contingency planning are the best defenses against risk.
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