As of October 1, 2025, the Department of Homeland Security (DHS) announced that the E-Verify system is temporarily unavailable due to a lapse in appropriations and statutory authority. This means employers cannot access their E-Verify accounts to create new cases, resolve mismatches, or run reports.
What Employers Should Do During the Outage
- Continue Form I-9 compliance: Employers must still complete and retain Form I-9 within the required timeframe for every new hire.
- Three-day rule suspended: The deadline for creating new E-Verify cases is paused. Once the system reopens, DHS will issue updated guidance.
- Mismatches on hold: Employees with pending E-Verify Tentative Nonconfirmations (TNCs) cannot resolve them until the system is restored. The outage time will not count against the resolution period.
- Remote document verification: Employers enrolled in DHS’s authorized remote procedure may continue using it, provided they remain in good standing with E-Verify.
- Federal contractors: Should contact their contracting officer for updated guidance on meeting compliance deadlines.
NPZ Guidance
While E-Verify is offline, employers should focus on timely and accurate Form I-9 completion. Keeping detailed records will ensure compliance once the system resumes. NPZ recommends documenting the date of hire, the I-9 completion date, and noting “E-Verify outage” where applicable until cases can be created.
If your organization has questions about I-9 or E-Verify compliance during this downtime, the attorneys at NPZ Law Group are available to provide guidance.
Frequently Asked Questions (FAQ)
1. Do I still need to complete Form I-9?
Yes. Form I-9 requirements remain in place and must be completed on time for every new hire.
2. What happens to the three-day rule while E-Verify is down?
The rule is suspended. Employers will not be penalized for delayed case creation during the outage, but cases must be created once the system reopens.
3. Can employees resolve mismatches during this time?
No. Employees with pending TNCs must wait until E-Verify is restored. The outage period will not count against their resolution timeline.
4. What about federal contractors?
They should reach out to their contracting officer for guidance on meeting specific compliance requirements during the outage.
5. How should I document compliance now?
Complete and retain Form I-9s as usual, and note “E-Verify unavailable” in your records until you can create cases.
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.