After being off-line due to the ongoing government shutdown, the Department of Labor’s E-Verify system is once again active. The system was shuttered as of October 1, 2025, due to a lapse in government funding, and reactivated October 7, 2025. Employers are encouraged to begin processing backlogged cases as soon as practicable.  

As with previous shutdowns, employers will not be penalized due to system unavailability. However, it is important to remember:  

• Without exception, employers are required to comply with Form I-9 obligations. 

• Form I-9’s should be internally processed in compliance with the law when online systems are unavailable; and  

• No adverse action should be taken against an employee whose employment eligibility verification cannot be confirmed in E-Verify due to a shutdown.   

To help lower the risk of compliance issues associated with delayed processing of E-Verify cases, employers are encouraged to: 

• Track all new hires with completed I-9s where there are no E-Verify queries due to the shutdown.  

• Create a memorandum to attach to a master E-Verify file tracking system to account for the days that the system was unavailable.  

For more information on E-Verify, visit the United States Citizenship and Immigration Services E-Verify webpage.