ARTICLE
13 October 2025

E-Verify Is Available And Operational As Government Shutdown Continues

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Jackson Lewis P.C.

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Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
Without notice, E-Verify appeared back online late on the evening of Oct. 7, 2025. As of 2:00 p.m. (ET) on Oct. 8, 2025, E-Verify is still online and appears fully operable. Employers can resume submitting cases.
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Without notice, E-Verify appeared back online late on the evening of Oct. 7, 2025. As of 2:00 p.m. (ET) on Oct. 8, 2025, E-Verify is still online and appears fully operable. Employers can resume submitting cases.

The E-Verify website had gone dark on Oct. 1, as expected, due to the federal government shutdown. Visitors to the E-Verify site post-shutdown were greeted with the following message:

NOTICE: Due to the lapse in federal funding, this website will not be actively managed. This website was last updated on September 30, 2025 and will not be updated until after the funding is enacted. As such, information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted. While E-Verify is unavailable, employers cannot access their E-Verify Accounts. For more information, see What's New for employers.

Now that the site is back up, and the message no longer displayed, employers should take the opportunity to:

  • Run backlogged queries accumulated since Oct. 1
  • Without delay, enter new hires into the system
  • Close cases that can be closed
  • Address outstanding Tentative Nonconfirmations (TNCs)

Despite E-Verify being up and running, it is unclear whether SSA or DHS has the staff during the shutdown to assist employees with TNCs. E-Verify employers must submit a new hire's information to E-Verify within three days of hire. This timeline is suspended when E-Verify is unavailable, including when it is inaccessible to a government shutdown. It is not clear when USCIS will restart the three-day submission clock. For now, no official notice confirms the site's returning to operation. Formal communication with instructions, including when the three-day submission clock will restart, is expected soon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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