On October 1, 2025, the U.S. Department of Homeland Security (DHS) announced that the E-Verify system is temporarily unavailable due to a lapse in federal appropriations and statutory authority. This affects employers nationwide who rely on the system to confirm the work eligibility of new hires. While the suspension remains in place, it is important for businesses to understand their compliance obligations.
What Employers Cannot Do During the Suspension
While E-Verify is offline, employers cannot:
- Enroll new accounts or create new cases.
- View, update, or take action on pending cases.
- Reset passwords, edit company information, or terminate accounts.
- Run reports or access account data.
- Provide employees with updates on Tentative Nonconfirmations (TNCs).
Customer support services, including training sessions, webinars, and Self Check functions, are also unavailable.
Employer Obligations Remain in Effect
It is critical to note that Form I-9 requirements remain unchanged. Employers must still complete Form I-9 no later than the third business day after an employee begins work for pay. DHS has suspended the “three-day rule” for creating E-Verify cases until the system resumes, but this suspension does not alter I-9 obligations.
Employers authorized to use DHS’s alternative remote I-9 verification procedure may continue to do so if they remain enrolled in good standing in E-Verify.
Impact on Employees with Pending Cases
For employees with mismatches or pending responses:
- The number of days E-Verify is unavailable will not count toward the time allowed to resolve a mismatch.
- Employees with Social Security Administration (SSA) mismatches must wait until E-Verify operations resume before visiting an SSA office.
- Employers may not take adverse action against an employee while their case remains in interim status.
Federal Contractors
Federal contractors covered by the E-Verify Federal Contractor Rule should contact their contracting officer for guidance on extending contract deadlines where necessary.
Looking Ahead
DHS has confirmed that employers will receive updated deadlines and compliance guidance once the system is reinstated. In the meantime, employers should:
- Continue to complete all I-9 forms on time.
- Maintain accurate records of hiring during the suspension.
- Avoid adverse actions against employees with pending E-Verify cases.
At Ahluwalia Law Offices, we continue to monitor federal updates that impact employers and foreign nationals. If your business is affected by the E-Verify suspension, it is essential to stay compliant with I-9 requirements and prepare for resumed operations once federal funding is restored.
