The federal government is currently shut down, and with it, E-Verify is unavailable. For businesses of every size, this creates a unique compliance challenge. While you can’t access E-Verify, your responsibility to properly complete and maintain I-9s is still fully in effect.

Here’s what employers need to know and do now and once the shutdown ends.

E-Verify may be offline, but I-9 compliance continues:

• Complete Form I-9s on time. Every new hire must have a Form I-9 filled out within three business days of starting work.
• Reverify expiring documents. If an employee’s work authorization is about to expire, you are still required to reverify.
• Maintain proper records. Store I-9s as you normally would and ensure they’re accurate and complete.
• Avoid negative action. Employees with pending E-Verify cases cannot be penalized simply because you can’t move their case forward.

With E-Verify down, the following functions are not available:

• Creating new E-Verify cases for new hires.
• Resolving Tentative Nonconfirmations or other pending cases.
• Enrolling in E-Verify if you weren’t already a participant.
• Running reports or using audit tools tied to the system.

The three-day rule for entering E-Verify cases is temporarily suspended while the system is offline.

To stay compliant and protect your business during the shutdown:

• Complete I-9s as usual. Follow the normal timeline for verifying identity and work authorization documents.
• Track all new hires. Keep a clear list of anyone hired during the shutdown who will need to be entered into E-Verify later.
• Document the delay. Note that E-Verify was unavailable due to the shutdown. This record will be important in the event of an audit.
• Stay consistent. Apply the same process across all hires to reduce risk and show good-faith compliance.

When E-Verify is restored:

• Submit all pending cases immediately. Don’t wait. input any hires made during the shutdown.
• Note the reason for delays. Document that the government shutdown prevented timely case creation.
• Return to normal timelines. Resume following the three-day rule for new hires.
• Audit your files. Double-check that every I-9 completed during the shutdown is properly documented and that all missing E-Verify cases have been entered.

A government shutdown doesn’t pause your compliance obligations, it only pauses E-Verify access. Staying proactive by completing I-9s, keeping detailed records, and catching up promptly once the system returns will keep your business protected.

And if all of this feels like a lot to manage on top of everything else your business is handling, you don’t have to go it alone. CultivaHR partners with businesses to take the stress out of HR and compliance. Whether it’s navigating I-9s and E-Verify during a shutdown, recruiting top talent in a competitive market, building stronger onboarding programs, or creating policies that actually work in practice, we’re here to help.

We make sure you stay compliant, your people stay supported, and your business keeps moving forward. When the rules shift, we help you adapt without missing a beat.

CultivaHR: cultivating compliance, growth, and people-first HR so you can focus on running your business.