What Employers Should Do If E-Verify Is Unavailable During a Shutdown

E-Verify is suspended due to a government shutdown. Employers must still complete Form I-9 for all new hires and track cases for submission when service...

What Employers Should Do If E-Verify Is Unavailable During a Shutdown
Recently UpdatedMarch 29, 2026
What’s Changed
Updated the shutdown guidance with a clearer employer action plan for unavailable E-Verify access
Expanded instructions for handling new hires, including tracking hire dates, I-9 dates, and delayed case filings
Clarified that unresolved TNCs cannot be processed during the outage and employers should avoid adverse action
Added official USCIS resource links and tied shutdown impacts to paused Department of Labor certifications
Key Takeaways
  • USCIS suspended E-Verify nationwide on October 1, 2025, due to a federal government shutdown.
  • Employers must still complete Form I-9 within standard deadlines despite the system outage.
  • Resolution of Tentative Nonconfirmations is paused until the federal verification portal returns to service.

(UNITED STATES) USCIS suspended E-Verify nationwide on October 1, 2025, at about 11:45 a.m. because of the federal government shutdown. Employers still must complete Form I-9 for every new hire, and Tentative nonconfirmations (TNCs) cannot be resolved until the system returns.

What Employers Should Do If E-Verify Is Unavailable During a Shutdown
What Employers Should Do If E-Verify Is Unavailable During a Shutdown

That split leaves employers with a simple but demanding rule: keep hiring paperwork moving, even while the federal verification portal is offline. It affects companies of every size, from national chains to small businesses and nonprofits that rely on quick work authorization checks.

E-Verify Goes Dark While Hiring Rules Stay in Force

USCIS said the shutdown halted all E-Verify system services. Employers cannot enroll, create new cases, manage open cases, or view case updates. E-Verify customer support is also offline. The related employee tools, myE-Verify and Self Check, are down as well.

According to analysis by VisaVerge.com, that freeze creates the biggest strain for employers that hire in high volumes and depend on fast confirmation to keep onboarding on schedule. The shutdown does not erase the legal duty to verify new workers through Form I-9.

USCIS directs employers to keep completing Form I-9 on time for every new hire. The agency’s approved alternative remote document review process remains available for qualified employers. Employers that are not eligible for the remote option can still use in-person document review.

What Employers Must Keep Doing During the Shutdown

The first rule is to complete Form I-9 for each employee within the normal deadlines. The second is to document the outage in case auditors ask why E-Verify checks were delayed. A dated note in the hiring file is a smart record.

Employers should also keep a list of everyone hired while E-Verify was unavailable. That list should include the hire date, the date the I-9 was completed, and the date the E-Verify case should have been opened. Once the system returns, those cases should be filed promptly.

For workers already in the system, employers should avoid negative action tied to unresolved TNCs. A TNC is only a notice of a possible mismatch. It must be handled through the E-Verify process, and that process is paused during the shutdown.

What Is Offline and Why That Matters

The outage shuts off more than the case portal. It also blocks case creation, case management, and support calls. Employees cannot take action on a TNC. Employers cannot ask them to “fix” a mismatch that the federal system will not process.

The shutdown also reaches other immigration-related functions. Certain Department of Labor certifications needed for some work visa filings are paused. That delay can push back sponsorship timelines for employers planning cases that depend on labor certification approvals.

Workplace enforcement does not disappear because the portal is down. U.S. Immigration and Customs Enforcement activity is expected to continue. Employers should not read the shutdown as a compliance holiday. The I-9 rules still apply, and hiring records still matter.

How to Handle New Hires Without E-Verify Access

  • Complete Form I-9 on time for every new hire.
  • Use the USCIS-approved alternative remote review only if the employer is eligible.
  • Keep copies or notes that show the review method used.
  • Track all hires made during the outage.
  • Submit E-Verify cases as soon as the portal reopens.
  • Hold off on adverse action when a TNC cannot be resolved.

Clear documentation matters because it shows the company followed the law even when the federal system did not work. That record also helps HR teams move faster once E-Verify is restored.

How to Speak to Workers During the Outage

Employers should tell new hires that E-Verify is temporarily unavailable because of the shutdown, but the I-9 process is still happening. That message reduces confusion and avoids the fear that a delay means a problem with the worker’s status.

If an employee receives a TNC notice before the outage or has one pending, explain that no resolution steps can be completed right now. The worker should keep documents ready and wait for the system to return. Employers should not pressure staff to resolve something the government cannot process.

High-Volume Employers Face the Largest Backlog

VisaVerge.com reports that seasonal employers, hospitality groups, logistics firms, and healthcare providers face the hardest restart. Those sectors often hire quickly and in large numbers. A shutdown creates a backlog of cases that must be entered later.

A simple restart plan reduces chaos:

  • Assign one person to track all hires during the outage.
  • Assign another to monitor the E-Verify reopening notice.
  • Set calendar reminders for pending cases.
  • Flag any immigration filings tied to paused Department of Labor work.
  • Prioritize cases once the portal returns.

Small businesses face a different problem. Many do not have large HR teams or in-house counsel. For them, a basic tracking sheet and a clean file of I-9s can prevent missed deadlines and help keep records organized.

Official Tools and Where Employers Should Check

Employers should rely on official USCIS guidance for the most current instructions. The agency’s main E-Verify page is available at USCIS E-Verify guidance. The official instructions for the employment verification form are on Form I-9, Employment Eligibility Verification.

Those pages matter because shutdown conditions can change quickly, and employers need a single place to confirm whether E-Verify service has been restored. Until then, the practical approach is unchanged: finish the I-9, record the outage, and wait to file delayed cases when the system comes back online.

The same rule applies to employees with pending TNCs. They should not try to force a resolution through myE-Verify or Self Check while both tools remain offline. Employers should keep the file clean, keep the workforce informed, and preserve every step taken during the shutdown.

When E-Verify returns, the first jobs are obvious: submit the backlog, close the records, and make sure every hire from the outage period is entered. The companies that stayed organized during the shutdown will recover fastest, with fewer errors and fewer follow-up questions from auditors.

→ Common Questions
Do I still need to complete Form I-9 if E-Verify is down?+
Yes. The legal requirement to complete Form I-9 for every new hire remains in effect. You must complete the form within the standard timelines (usually within three business days of the hire date).
Can I resolve a Tentative Nonconfirmation (TNC) during the shutdown?+
No. Because E-Verify systems and customer support are offline, TNCs cannot be resolved. Employers should not take any adverse action against an employee whose TNC is pending until the system returns.
What should I do with new hires during the system outage?+
Complete the Form I-9 as usual, document that the E-Verify system was unavailable due to the shutdown, and keep a list of these hires. You must submit their cases to E-Verify as soon as the portal is restored.
Is E-Verify customer support available during the government shutdown?+
No. E-Verify customer support, as well as employee tools like myE-Verify and Self Check, are completely offline until the government resumes operations.
Does the shutdown affect the remote document review process?+
The approved alternative remote document review process remains available for qualified employers. However, you must still complete the I-9 and wait for the E-Verify system to return to finish the electronic portion of the verification.
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