Client Alert!
Employers enrolled in E-Verify must create a case by Tuesday, October 14 for each employee hired while E-Verify was unavailable. When creating a case, employers must use the hire date listed on the employee’s Form I-9. If you were unable to create a case within three business days of the employee starting work for pay because the system was down, E-Verify will prompt you to provide a reason for the delay. Select “Other” from the dropdown menu and enter “E-Verify not available.” The days E-Verify was offline will not count toward the three-business-day period typically allowed for case creation.
If an employee received a tentative nonconfirmation (mismatch) and notified you of their intent to contest it, and you provided the Referral Date Confirmation to the employee, you must revise the date by which your employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving the mismatch. You may do this by printing a new “Referral Date Confirmation” notice, writing the new date on the existing notice after checking the employee’s case in E-Verify, or adding six federal business days to the date listed on the original notice. Federal business days are Monday through Friday and exclude federal holidays. For mismatch cases that were referred once E-Verify resumed operations on or after October 8, 2025, do not add days to the time your employee has to contact either SSA or DHS.
Federal contractors affected by the outage should note that any calendar days when E-Verify was unavailable will not count toward federal contractor deadlines. Contractors are encouraged to contact their contracting officer for more information about specific obligations and deadlines under the federal contractor rule.
Employees with traditional E-Verify cases who were unable to contest a mismatch during the outage now have additional time to contact SSA or DHS to resolve their case. If your “Referral Date Confirmation” notice listed a due date of October 1, 2025, or later, you may contact your employer to print a new notice with the updated date, ask your employer to write the new date on your existing notice, or simply add six federal business days to the original date to determine your new deadline. Federal business days are Monday through Friday and exclude federal holidays.
Employees with E-Verify+ cases should log back into their E-Verify+ account and review the “What’s Next” page for the updated date by which they must take action if they were prevented from contesting their mismatch due to the outage.
Click the link for more information.