After a temporary suspension due to the government shutdown, E-Verify is back online, and employers should move quickly to clear their case backlogs and resolve any Tentative Non-Confirmations (TNCs). Multiple legal and industry trackers reported the outage began on October 1, 2025, with Form I-9 obligations remaining fully in effect throughout; reports indicate E-Verify access returned in the week of October 7–9 and is operational now.
Key takeaway: Form I-9 timelines never paused, but E-Verify case creation did. Now that E-Verify is up, prioritize backlog submission and document everything. USCIS
What happened (and why it matters)
- Outage window: E-Verify functions were suspended October 1, 2025 due to the shutdown (no case creation, enrollment, or TNC resolution).
- Restoration: Reports show E-Verify came back online in the evening of Oct 7 and was confirmed operational by Oct 8–9.
- I-9 still required: Employers must complete Section 1 by day one and Section 2 within 3 business days—even when E-Verify is down.
Immediate actions for HR & compliance teams
- Inventory affected hires
Pull a list of all employees hired during the outage window. Flag those whose E-Verify cases were not created. (I-9 deadlines still apply.) - Create backlogged E-Verify cases now
Submit cases for the affected hires as soon as possible; expect higher system volumes. Keep timestamps/screenshots. - Prioritize TNC resolution
Re-open queued TNCs and communicate next steps to employees; note that some deadlines are tolled during system outages historically announced by DHS. - Document everything
Maintain a simple audit log that includes hire date, I-9 completion dates, E-Verify case creation date/time, employee communications, and any grace-period notes. - Re-confirm I-9 fundamentals with your team
Re-train on the 3-business-day Section 2 rule and acceptable documents. Link managers to the M-274 handbook for quick reference. - Communicate with impacted employees
Explain the outage caused delays; avoid adverse actions based solely on delayed case results.
Compliance pitfalls to avoid
- Confusing I-9 and E-Verify timelines. I-9 is mandatory and time-bound regardless of E-Verify status.
- Failing to resolve TNCs promptly now that the system is back. TNCs should be addressed quickly with documented steps.
- Not retaining evidence. Keep case detail pages, Historic Records Reports, and tie them to each Form I-9.
Quick checklist (print & post)
- List impacted hires (outage window)
- Verify I-9s done on time; correct/annotate if needed
- Create all backlogged E-Verify cases
- Triage & resolve TNCs; log actions
- Save evidence (timestamps, case details, emails)
- Re-train managers on I-9 Section 2 timing
- Communicate status updates to affected employees
Resources for your team
- USCIS—Form I-9: Section 2 deadline (3 business days) and M-274 handbook. USCIS+1
- Shutdown guidance and timelines from legal/industry trackers. Forbes+1
- Handbook for Employers M-274
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