On October 9, the U.S. Citizenship and Immigration Services (USCIS) indicated that the E-Verify system is once again running, despite the government shutdown. Employers that participate in E-Verify must create an E-Verify case by October 14 for each employee hired while the system wasn't available. Sky Transport Solutions helps employers understand these requirements and ensure compliance with E-Verify obligations.
Critical Deadline
E-Verify System Resumed: October 9, 2025
Case Creation Deadline: October 14, 2025
Employers must create E-Verify cases by October 14 for each employee hired while the system was unavailable. They must use the hire date from the employee's Form I-9 when creating the E-Verify case.
Creating E-Verify Cases After System Outage
If employers couldn't create an E-Verify case by the third business day after an employee began work for pay because the system wasn't available, E-Verify will prompt them during case creation to provide a reason for the delay.
Steps for Impacted Employers
When creating cases for employees hired during the system outage, employers should:
- Select "Other" from the "Select a Reason for Delay" drop-down menu
- Enter "E Verify not Available" as the specific reason in the "Reason for Delay" text box
The days E-Verify was unavailable won't count toward the three business days employers usually have to create a case.
Handling Mismatches
If an employee received a mismatch and notified the employer of their intention to contest it, and the employer provided the "Referral Date Confirmation" to the employee, the employer must revise the date by which the employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving the mismatch.
Three Options for Revising Referral Dates:
Option 1 (Best Option):
Print a new "Referral Date Confirmation" notice that will have the new date employees must contact the SSA or DHS. To reprint a copy, log in to E-Verify, select the employee's case, and select the "Print Confirmation" button.
Option 2:
Log in to E-Verify, select the employee's case to find their new referral date, and write the new date on the previously issued "Referral Date Confirmation" notice.
Option 3:
Add six federal business days to the date on the employee's "Referral Date Confirmation" notice. Federal business days are Monday through Friday and don't include federal holidays.
Important Note on Mismatch Cases
For mismatch cases that were referred once E-Verify resumed operations on or after October 8, an employer shouldn't add days to the time the employee has to contact either the SSA or DHS. If the employee decided to contest the mismatch when E-Verify was unavailable, the employer should refer the employee's case and follow the mismatch process.
Federal Contractors
For federal contractors, any calendar day when E-Verify was unavailable won't count toward any of their deadlines. This provides additional flexibility for federal contractors who may have been impacted by the system outage.
Key Takeaway from Sky Transport Solutions
The E-Verify system is back up. Affected employers have only until October 14 to input cases that have happened since the government shutdown began to stay in compliance. Sky Transport Solutions recommends that employers immediately review their hiring records and create all required E-Verify cases before the deadline to avoid compliance issues.
Compliance Checklist
Employers should take the following steps to ensure compliance:
Immediate Actions Required:
- Identify all employees hired during the E-Verify system outage
- Create E-Verify cases for all affected employees by October 14, 2025
- Use the hire date from each employee's Form I-9 when creating cases
- Select "Other" as the reason for delay and enter "E Verify not Available"
- Review any pending mismatch cases and revise referral dates as needed
- For federal contractors, ensure all deadlines account for the system outage period
Understanding Federal Business Days
When calculating revised referral dates, it's important to understand that federal business days are Monday through Friday and don't include federal holidays. This is different from calendar days and ensures accurate deadline calculations.
How Sky Transport Solutions Can Help
At Sky Transport Solutions, we understand that E-Verify compliance is critical, especially during system outages and government shutdowns. Our team can help employers:
- Identify all employees hired during the E-Verify system outage
- Create E-Verify cases by the October 14, 2025 deadline
- Properly document reasons for delays when creating cases
- Handle mismatch cases and revise referral dates appropriately
- Ensure compliance with federal contractor E-Verify requirements
- Train staff on E-Verify procedures and requirements
- Maintain proper documentation of E-Verify cases and compliance
- Develop processes to handle future system outages or disruptions
- Stay informed about E-Verify system status and regulatory updates
Don't miss the October 14 deadline for creating E-Verify cases. Contact Sky Transport Solutions today to ensure your organization is in full compliance with E-Verify requirements and prepared for any future system disruptions.
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