As of October 1, 2025, a federal government shutdown has resulted in lapses in funding for certain agencies, including U.S. Citizenship and Immigration Services (USCIS). Consequently, USCIS has suspended all E-Verify functions. This alert outlines the implications for employers and temporary policies the agency has implemented in response to these circumstances.
Impact on Employers
During the suspension, employers cannot:
- Access their E-Verify accounts
- Enroll in E-Verify
- Create E-Verify cases
- View or take action on any case
- Add, delete, or edit any user account
- Reset passwords
- Edit company information
- Terminate accounts
- Run reports or view any account information
- Access customer support services to respond to calls, resolve E-Verify Mismatches, or attend E-Verify webinars
Temporary Policies
- Three-day rule suspension: The usual requirement for employers to create an E-Verify case within three (3) business days of an employee’s start date is temporarily suspended.
- Form I-9 still required: Employers must still complete Form I-9 within three (3) business days of an employee’s start date.
- Mismatch resolution extension: Employees will have additional time to resolve Social Security Administration mismatches due to the E-Verify system outage.
- Federal contractors: If covered by the E-Verify federal contractor rule, they are instructed to contact their contracting officer.
- No adverse action: Employers should not take any negative actions against employees while their E-Verify case is pending due to the system’s unavailability.
Employers should take note of this suspension of E-Verify functions, consult with counsel to determine how best to apply these temporary policies, and stay informed of changes as they develop. If you have any questions, please contact attorney Andrew Mahon or any member of Barley Snyder’s Immigration Practice Group.
