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Navigating E-Verify During the Government Shutdown: Employer Guidance

Published: October 1, 2025 by Legislative Update

Due to the federal funding lapse, E-Verify and related customer support systems are down as of September 30, 2025. This means employers cannot access their E-Verify accounts, enroll new accounts, create or manage cases, reset passwords, or even run reports. E-Verify webinars and employee services like Self Check and myE-Verify are also unavailable.

Impacts on Employers

  • No E-Verify cases can be initiated or updated while the system is down.
  • Employers cannot resolve TNCs (Tentative Nonconfirmations) or assist employees with status checks.
  • Customer support via phone or email is suspended; no technical or compliance assistance is available.

Temporary Policies and Flexibilities Granted

To alleviate compliance pressure on employers, the Department of Homeland Security (DHS) has implemented several temporary measures:

  • The “three-day rule” for creating E-Verify cases is suspended for cases affected by the shutdown. DHS will provide specific guidance for these cases when E-Verify service resumes.
  • This does not affect Form I-9 requirements: Form I-9 must still be completed by the third business day after an employee starts work for pay, using standard in-person or remote procedures as previously authorized.
  • Employers using alternative, DHS-authorized remote I-9 procedures may continue doing so as long as they remain enrolled and in good standing with E-Verify during the shutdown.
  • Employees with mismatches (TNCs) will have extended time to resolve their issues; the period of E-Verify unavailability will not count against established resolution timelines.
  • For federal contractors governed by the E-Verify Federal Contractor Rule, the recommended step is to consult contracting officers for updated deadline guidance.
  • Employers must not take any adverse action against employees whose cases are in “interim case status” due to the E-Verify outage, including during any extended status.

What Employers Should Do Now

  • Continue to complete Form I-9 for all new hires within required timelines, following regular procedures.
  • Retain documentation showing the attempt to comply with E-Verify after system availability returns.
  • Do not delay work start dates or take adverse action against employees due to pending E-Verify results or TNCs that cannot currently be addressed.
  • Monitor the official E-Verify website for updates and further instructions once federal funding is restored and system operation resumes.

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The Experian Employer Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.