After trying to keep the system up despite the government shutdown, on October 1, U.S. Citizenship and Immigration Services (USCIS) suspended E-Verify services. Tonight, October 7, the system was brought back online. It is unclear how long it will remain operational, or how USCIS managed to restore access during the shutdown, but for now, the system is active.

Employers are urged to run their backlogged queries as soon as possible and to ensure all new hires are entered into the system without delay. It also appears that employers can once again perform related functions such as setting up new accounts, closing cases, and addressing Tentative Nonconfirmations (TNCs). However, it remains unclear whether anyone will be available to staff the E-Verify employer and employee hotlines tomorrow or in the coming days.

We believe USCIS will not yet start the clock on the three-day submission window for cases that could not be created during the suspension period. We await guidance, as nothing official has been posted, not even a notice confirming that the site is back online (as of 10 pm ET, Tuesday evening).

It is not surprising that the Administration found a way to return E-Verify to operational status even amid the shutdown. Given the ongoing emphasis on compliance, worksite enforcement, and employment eligibility verification, reactivating this essential tool aligns with broader policy priorities.

Even with the issues we discussed in our last post, USCIS Suspends E-Verify Amid Government Shutdown E-Verify remains a best practice for employers seeking to maintain strong compliance programs and demonstrate good-faith efforts to verify employment eligibility.

We will continue to monitor developments and provide updates as more information becomes available.

For more information contact your Seyfarth relationship attorney or Dawn Lurie directly. The Seyfarth Immigration Compliance & Enforcement specialty group, recognized as national leaders in the field, is trusted by top Fortune 100 companies as well as small businesses across the country for strategic, practical advice. The group offers comprehensive guidance on Form I-9 and E-Verify compliance, ICE inspections, and worksite enforcement actions, internal immigration assessments, I-9 audits, DOL immigration-related wage and hour investigations, general H-1B and PAF compliance, and DOJ-IER anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.