Key E-Verify Flexibilities After the Oct–Nov 2025 Shutdown

U.S. employers got rare breathing room this month after U.S. Citizenship and Immigration Services quietly confirmed a slate of flexibilities for E-Verify cases affected by the federal funding lapse that began on October 1, 2025. With the system unavailable from October 1–8, 2025, and full service restored on October 9, the agency told employers they won’t be penalized for late case creation tied to the outage and extended several time frames that normally drive tight compliance.

The temporary measures reach far beyond a single upload deadline. They suspend the standard Three-Day Rule during the gap, give an extra window through Tuesday, October 14, 2025 for creating cases tied to hires made while the system was down, and allow added time for workers who need to fix Tentative Nonconfirmation results. The moves follow days of uncertainty as HR teams delayed routine checks while the federal portal sat offline during the October 2025 shutdown.

What the Three-Day Rule relief means

The Three-Day Rule requires employers who use E-Verify to create a case within three business days of a new hire’s start date, based on the worker’s Form I-9. Because E-Verify was unavailable for eight days, USCIS made clear:

• The days October 1–8, 2025 do not count toward the Three-Day Rule deadline.
• Employers will not be penalized for failing to create cases during that outage when the system could not accept new submissions.

For HR managers and small business owners handling multiple duties, this pause on the clock prevents a frantic post-shutdown rush to meet what is normally a strict timing requirement.

Firm backstop and required actions for delayed cases

USCIS set a firm deadline and steps for employers who hired during the outage:

1. Employers who hired workers between October 1 and October 8 must create E-Verify cases by October 14, 2025.
2. When creating the delayed case, employers must:
   • Enter the actual hire date as recorded on the worker’s Form I-9, Employment Eligibility Verification.
   • Select the provided reason code or enter the text “E-Verify not available” to explain the late case.
3. Keep this entry as part of the record to create a clear audit trail if future inspections question the late case.

According to VisaVerge.com, using a fixed grace period and the defined reason code helps standardize records nationwide and can reduce disputes in audits.

Catch-up and file review after the restart

USCIS urged employers to review and catch up on delayed work now that E-Verify resumed on October 9. Key points:

• Finish delayed case entries and ensure hire dates match the I-9.
• Document the reason for the delay using the system-provided option.
• Confirm that any paused I-9 reviews are completed.

This approach balances continued enforcement with recognition that the outage stemmed from a federal funding lapse outside employers’ control—especially important for organizations with scattered worksites or seasonal hiring.

Guidance for federal contractors

USCIS applied the same practical approach to federal contractors subject to the E-Verify Federal Contractor Rule:

• Calendar days during the outage did not count toward contract-based verification deadlines.
• Contractors should contact contracting officers for any contract-specific adjustments or written confirmations.
• Written confirmation can protect payment timelines, performance ratings, and prevent a technical default.

Prime contractors should ensure subcontractors follow the same late-case creation and TNC handling processes.

Tentative Nonconfirmation (TNC) handling during the outage

A TNC occurs when submitted information does not match government records. USCIS provided options because workers could not access resolution channels while E-Verify was down:

• If the Referral Date Confirmation required action on or after October 1, 2025, the worker may:
  • Request a new notice with an updated deadline,
  • Ask the employer to write a new date on the existing notice after the employer confirms the change in the system, or
  • Add six federal business days to the date already on the notice.

This extra time reflects that TNC resolution depends on SSA and DHS channels that were disrupted. Employers must not take adverse action against workers while a TNC is pending and the worker is following the steps to resolve it.

Recordkeeping, intent, and enforcement posture

USCIS reaffirmed a long-standing principle: late filings related to a government shutdown will not draw penalties so long as employers keep records showing the reason for delay.

• Documenting the cause—e.g., a hire date of October 3 with an E-Verify case created on October 13 and “E-Verify not available” noted—creates a clear, defensible file.
• The distinction matters: late cases caused by a shutdown are treated differently from late cases due to internal errors.
• USCIS is balancing continued expectations for accurate I-9 completion with leniency for system-driven delays.

Continued availability of alternative (remote) I-9 procedures

USCIS confirmed that DHS-authorized alternative verification procedures (video or similar remote inspection of I-9 documents) remained usable during and after the shutdown for employers enrolled and in good standing with E-Verify.

• Employers using remote verification should continue to:
  • Follow DHS rules,
  • Save copies of reviewed documents when required,
  • Note use of the alternative procedure in the I-9 record.

This continuity helps employers hiring remotely or across states avoid additional delays or forcing in-person visits because of a system outage.

Key dates to remember

The guidance and flexibilities all map to three critical dates:

• Outage: October 1–8, 2025
• Service restart: October 9, 2025
• Final deadline to create cases for hires during outage: October 14, 2025

Keeping these three markers in view will help employers stay compliant.

Practical recordkeeping checklist

• Verify the Form I-9 hire date matches the date entered in E-Verify.
• Use the system-provided reason: “E-Verify not available” for late cases.
• Preserve printed or updated Referral Date Confirmation notices for any TNCs.
• If using HRIS feeds, confirm the correct I-9 hire date mapped into E-Verify after October 9.
• Contact contracting officers for written confirmation if you are a federal contractor and need contract-specific adjustments.

Important: Employers must still complete I-9s on time. The relief applies only to creating E-Verify cases during the outage window and related TNC timing, not to abandoning the I-9 process itself.

Worker protections and practical outcomes

• The TNC extension preserves jobs by giving workers time to resolve mismatches they couldn’t fix while systems were down.
• Employers who document carefully will be able to show good-faith compliance rather than face penalties for circumstances beyond their control.
• The guidance keeps the scope of relief narrow and precise—focused on the outage days—so normal enforcement standards continue outside that window.

Where to find official resources

• For program details and guidance, visit the official E-Verify site: E-Verify
• For Form I-9 and instructions, use USCIS resources at: Form I-9, Employment Eligibility Verification

These resources provide the authoritative steps for case creation, TNC handling, and the alternative verification procedures referenced above.

Bottom line

USCIS separated system-driven delays from employer-driven ones by suspending the Three-Day Rule during October 1–8, protecting federal contractor timelines, and extending TNC deadlines. Employers should:

• Use the hire date on the I-9,
• Create delayed cases by October 14, 2025,
• Select “E-Verify not available” as the reason, and
• Keep thorough records.

Workers with TNCs have clear options to extend timelines and avoid job loss while resolving mismatches. The narrow scope and clear documentation trail should keep focus on real compliance rather than technical violations caused by a federal system outage.