Creating E-Verify Cases
Employers enrolled in E-Verify must create cases for employees hired during the period when E-Verify was unavailable. Cases must be created by Tuesday, October 14, 2025, using the hire date from the employee’s Form I-9. If the case could not be created within three business days due to E-Verify’s unavailability, employers will be prompted to select a reason for the delay during case creation. Choose “Other” from the “Reason for Delay” dropdown and enter “E-Verify not Available” in the text box. The days E-Verify was unavailable will not count toward the standard three-business-day requirement for case creation.
Handling Tentative Nonconfirmations (Mismatches)
If an employee received a mismatch, notified their employer of their intent to contest it, and was issued a Referral Date Confirmation, employers must update the date by which the employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve the mismatch. Employers have three options to provide the updated Referral Date Confirmation:
Preferred Option: Log in to E-Verify, select the employee’s case, and print a new Referral Date Confirmation notice with the updated date using the “Print Confirmation” button.
Log in to E-Verify, locate the employee’s case to find the new referral date, and manually update the date on the previously issued Referral Date Confirmation notice.
Add six federal business days (Monday through Friday, excluding federal holidays) to the date on the existing Referral Date Confirmation notice.
For mismatch cases referred on or after October 8, 2025, when E-Verify resumed operations, no additional days should be added to the referral timeline. If an employee chose to contest a mismatch during the downtime, employers should now refer the case and follow the standard mismatch resolution process.
Federal Contractor Deadlines
E-Verify’s unavailability prevented federal contractors from enrolling or using the system as required by the E-Verify federal contractor rule. Any calendar days during the downtime will not count toward federal contractor deadlines. Contractors should contact their contracting officer for further guidance on compliance responsibilities.
Guidance for Employees with Traditional E-Verify Cases
Employees unable to contest a mismatch due to E-Verify’s unavailability will receive additional time to contact SSA or DHS. For employees with a Referral Date Confirmation notice requiring action on or after October 1, 2025, the following options are available to obtain the updated referral date:
Preferred Option: Request a new Referral Date Confirmation notice from your employer, which will include the updated date to contact SSA or DHS.
Ask your employer to log in to E-Verify, retrieve the new referral date, and update the date on the previously issued Referral Date Confirmation notice.
Add six federal business days (Monday through Friday, excluding federal holidays) to the date on the existing Referral Date Confirmation notice.
Employees must contact SSA or DHS by the updated date to begin resolving their mismatch. For more details, visit E-Verify’s “How to Process a Mismatch” page.
Guidance for Employees with E-Verify+ Cases
If E-Verify’s unavailability prevented you from contesting a mismatch in E-Verify+, and the “What’s Next” screen indicated action was required on or after October 1, 2025, log back into E-Verify+ to view the updated “What’s Next” page with the new deadline for taking action.
