After a temporary system outage, E-Verify has officially resumed operations, according to recent guidance from the U.S. Department of Homeland Security (DHS) and the American Immigration Lawyers Association (AILA). Employers and employees who rely on E-Verify must now take specific actions to remain compliant and avoid processing delays.
What Employers Need to Know
Employers who hire new workers during the E-Verify system outage must now create E-Verify cases by Tuesday, October 14, 2025, for each affected employee.
When submitting a delayed case, employers should:
- Use the hire date listed on the employee’s Form I-9, and
- Select “Other” as the reason for the delay in E-Verify, entering “E-Verify not available” in the text box provided.
Importantly, the days when E-Verify was unavailable will not count toward the usual three business days employers have to create a case.
If an employee’s E-Verify case returned a tentative nonconfirmation (TNC), sometimes called a “mismatch”, and the employee chose to contest it, employers must now update the referral date to reflect the new timeline for contacting the Social Security Administration (SSA) or Department of Homeland Security (DHS).
Employers have three options:
- Print a new Referral Date Confirmation directly from E-Verify.
- Write the new referral date on the existing confirmation notice after checking it in the E-Verify system.
- Add six (6) federal business days to the previous referral date listed on the original confirmation notice. (Federal business days exclude weekends and holidays.)
For mismatch cases that were referred after October 8, 2025, do not add additional days, the standard timeline applies.
Federal Contractors
Federal contractors who were unable to use E-Verify during the outage will not be penalized for missed deadlines.
Days when E-Verify was unavailable will not count toward contract compliance timelines. Contractors should contact their contracting officer for any clarification regarding federal requirements during this period.
For Employees
Employees who were unable to contest their mismatch due to the E-Verify outage have also been given extra time to contact SSA or DHS.
If your Referral Date Confirmation notice shows a deadline of October 1, 2025, or later, you have three options:
- Ask your employer to print a new confirmation notice with your updated date.
- Request that your employer write the new referral date on your previous notice.
- Add six federal business days to the date printed on your existing confirmation.
Those using E-Verify+, the upgraded system, should log back into their portal to review the updated “What’s Next” page for a revised action date.
Because of the system’s downtime, E-Verify is experiencing higher than usual call and email volumes, which may cause response delays.
Employers and employees can reach the E-Verify support team at 888-464-4218 (Monday–Friday, 8 a.m.–8 p.m. Eastern) or email e-verify@dhs.gov for assistance.
Why This Matters
E-Verify is a vital part of employment verification in the U.S., especially for employers that hire foreign talent or hold federal contracts. Missing a case creation deadline or mishandling a TNC can lead to compliance issues or penalties.
At Zhang-Louie PLLC, our team helps employers navigate employment-related immigration requirements, from I-9 verification and E-Verify compliance to work visa filings. We also guide employees through post-hire verification issues to ensure their employment authorization remains valid and protected.
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