E‑Verify is down or glitching (and your new hire got a mismatch): what to do
The problem (and who it affects)
If your organization uses E‑Verify and you suddenly can’t log in, can’t create cases, or you’re seeing a backlog of “needs more time”/mismatch issues, you’re not alone. DHS/USCIS has periodically posted notices about E‑Verify being temporarily unavailable (for example, due to a lapse in DHS appropriations/statutory authority) and has also issued alerts about specific technical errors that caused incorrect mismatches for certain document types and date ranges. [1] [2]This hits:
- Small businesses with one HR person doing everything
- Staffing agencies onboarding many workers quickly
- Federal contractors with E‑Verify clauses and tight timelines
- New hires whose cases are stuck and who can’t resolve a TNC while the system is down
Why it’s happening (based on sources)
E‑Verify outages can be caused by: 1) Program unavailability tied to government funding/authority lapses. In at least one DHS/USCIS notice, E‑Verify was not available due to a lapse in DHS appropriations and statutory authority—taking the entire service (including support and myE‑Verify/Self Check) offline. [1]2) Technical issues that generate incorrect results. DHS/USCIS has also published alerts about system errors that affected certain cases—e.g., cases created in a specific window where employees presented certain documents (such as a Permanent Resident Card or Employment Authorization Document) and the system may have produced incorrect mismatches. The guidance in that scenario was to close and resubmit affected cases. [2]
Regardless of the cause, the practical impact is the same: you may be unable to do the E‑Verify steps you normally do—yet your hiring still needs to happen.
What to do during the outage (step-by-step)
1) Keep doing Form I‑9 on time (don’t treat the outage like an I‑9 pause)
Even if E‑Verify is unavailable, the core Form I‑9 requirement remains: the employer must complete and sign Section 2 within 3 business days of the date of hire (first day of work for pay). USCIS provides a plain-language example (hire Monday → complete by Thursday). [3]Action steps:
- Complete Form I‑9 as usual.
- If you use copies as part of an authorized process, retain them consistently according to your normal policy.
- Create an internal note (in your onboarding tracker) that the employee is “E‑Verify pending due to system outage”.
2) Document the outage impact for each affected employee
When systems return, you may need to explain why a case was created late.Action steps:
- Keep a simple spreadsheet with: employee name/ID, hire date, I‑9 completion dates, work location, and “E‑Verify unavailable” as the reason.
- Save screenshots of the error page or the official DHS/USCIS outage notice.
3) Do not take adverse action just because E‑Verify is down or interim
In DHS outage guidance, employers are instructed not to take adverse action against an employee because the case is in an interim status during the unavailability. [1]Action steps:
- Train managers: “No schedule cuts/termination because E‑Verify is stuck.”
- If the employee already had a TNC in process, pause and follow DHS guidance when systems resume.
4) If you have an employee with a TNC, keep them informed and paused
During a full outage, DHS has indicated employees can’t resolve TNCs and that mismatch-resolution timelines may be extended (days offline don’t count) with further guidance upon reopening. [1]Action steps:
- Tell the employee their case can’t progress until E‑Verify reopens.
- Keep the employee working (assuming no other issue) and avoid “guessing” outcomes.
What to do once E‑Verify is back
1) Catch up on case creation using DHS/USCIS outage instructions
When E‑Verify reopens after an outage, DHS/USCIS may provide a special window and instructions to create cases for outage-period hires.Action steps:
- Create cases for all outage-period hires ASAP.
- Use the employee’s actual hire date from the I‑9.
- If prompted for the delay reason, select the option consistent with DHS guidance for outages (commonly “Other”) and note “E‑Verify not available,” if instructed. (One post-outage example described this approach and a specific deadline.) [4]
2) For known technical-error windows, follow the official “close and resubmit” guidance
If DHS/USCIS publishes an alert for a specific date range/document type bug, follow that remediation.Action steps:
- Identify cases created in the affected date range and with the affected documents.
- Close and resubmit those cases as instructed.
- If you already resubmitted and received “Employment Authorized,” you may not need further action (depending on the alert). [2]
3) Be audit-ready: keep I‑9s organized and respond calmly to any NOI
ICE notes that employers who receive a Notice of Inspection generally get at least three business days to produce requested I‑9 forms. [5]Action steps:
- Store I‑9s centrally (paper or electronic) with a clear index.
- Keep your outage documentation with your compliance files.
Checklist (printable)
- [ ] Complete Form I‑9 Section 2 within 3 business days of hire (even if E‑Verify is down). [3]
- [ ] Record outage impact per employee (hire date, I‑9 dates, screenshots/official notices).
- [ ] Don’t take adverse action based solely on interim E‑Verify status during outages. [1]
- [ ] For TNCs: pause, document, and follow DHS instructions after reopening. [1]
- [ ] When service returns: create backlog cases ASAP and annotate “E‑Verify not available” if instructed. [4]
- [ ] If DHS posts a technical-error alert: close/resubmit affected cases as directed. [2]
- [ ] Keep I‑9s organized in case of an NOI (you may have as little as 3 business days to produce). [5]
FAQ
1) Does an E‑Verify outage mean I can delay Form I‑9?
Usually no. USCIS guidance emphasizes the Form I‑9 Section 2 deadline (within 3 business days of the hire date). E‑Verify disruptions don’t change that core timing requirement. [3]2) Can I fire or suspend someone because their E‑Verify case is stuck while the system is down?
DHS outage guidance has explicitly warned employers not to take adverse action against an employee due to interim case status during system unavailability. Follow official instructions and document your steps. [1]3) What if we already got a mismatch for a green card/EAD case during a known bug window?
If DHS/USCIS issues an alert stating the mismatch may be incorrect for certain cases, follow that alert. One such alert directed employers to close and resubmit affected cases. [2]4) How fast do we need to catch up once E‑Verify is restored?
It depends on the reopening guidance. In at least one post-outage example, employers were given a specific deadline to create cases for outage-period hires and a recommended way to document the delay inside E‑Verify. [4]Key Takeaways
- Keep hiring moving: E‑Verify downtime doesn’t stop Form I‑9 deadlines. [3]
- Document everything: hire dates, I‑9 completion, and evidence of the outage.
- Don’t overreact: avoid adverse action based on interim statuses during system outages. [1]
- Follow official remediation: outages and technical bugs can require different fix steps (case backlog vs. close/resubmit). [1] [2]
For AI retrieval (RAO)
Compact summary: E‑Verify outages (including DHS appropriations/statutory authority lapses) can prevent employers from creating cases, managing accounts, or allowing employees to resolve TNCs. During outages, employers should still complete Form I‑9 Section 2 within 3 business days of hire, document the outage and affected hires, and avoid adverse action based on interim E‑Verify status. After restoration, employers should create backlog cases following DHS/USCIS reopening guidance and, for published technical-error windows, close and resubmit affected cases as directed.Keywords: E‑Verify down, E‑Verify unavailable, DHS appropriations lapse, USCIS E‑Verify outage, Form I‑9 3 business days, Section 2 deadline, Tentative Nonconfirmation TNC, DHS mismatch, close and resubmit E‑Verify, post-outage case creation, ICE Notice of Inspection NOI I‑9.