E-Verify Resumes Operations: Employer Compliance Deadlines and I-9 Guidance

The U.S. Citizenship and Immigration Services (USCIS) has confirmed that E-Verify is now fully operational following a recent service disruption. All participating employers, HR professionals, and federal contractors should take immediate action to ensure continued compliance with employment verification requirements.

Action Required for Employers

If you hired new employees while E-Verify was unavailable, you must create E-Verify cases no later than Tuesday, October 14, 2025.

  • Use the hire date listed on the employee’s Form I-9 when creating each case.
  • If you could not create a case within three business days because of the outage, E-Verify will prompt you to enter a reason.
    • Choose “Other” from the drop-down menu and type “E-Verify not available.”
  • The days E-Verify was offline will not count toward your three-day case creation window.

For Mismatch (Tentative Nonconfirmation) Cases

If an employee previously received a Tentative Nonconfirmation (TNC) and decided to contest it, employers must update the “Referral Date Confirmation” with a new deadline. You have three options:

  1. Reprint a new notice directly from the E-Verify system showing the updated date.
  2. Write the new date on the previously issued notice.
  3. Add six (6) federal business days to the original date on the employee’s notice. (Federal business days exclude weekends and federal holidays.)

If the mismatch was referred on or after October 8, 2025, do not add extra days — follow standard timelines.

Guidance for Federal Contractors

Federal contractors who were unable to enroll or verify workers during the outage will have extended compliance timelines.

Days when E-Verify was unavailable will not count toward any contractual or regulatory deadlines.

Contractors are advised to contact their contracting officer for specific guidance.

For Employees with E-Verify or E-Verify+ Cases

Employees who were unable to resolve their mismatch due to the system outage are also granted additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS).

  • You can log into your E-Verify+ account to view your updated action date, or
  • Contact your employer to obtain a revised “Referral Date Confirmation” notice.

E-Verify link: https://www.e-verify.gov/about-e-verify/whats-new/e-verify-resumes-operations

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.