The Department of Homeland Security (DHS) recently posted an update to the E-Verify site indicating that E-Verify application is now operational.
The Details
Creating Cases
DHS has indicated that:
· Employers who participate in E‑Verify must create an E‑Verify case by Tuesday, Oct. 14 for each employee hired while E‑Verify was not available.
· Employers must use the hire date from the employee’s Form I‑9 when creating the E‑Verify case.
· If employers could not create an E‑Verify case by the third business day after the employee began work for pay because E‑Verify was unavailable, then employers should select “Other” from the “Select a Reason for Delay” drop-down menu and enter “E‑Verify not Available” as the specific reason in the “Reason for Delay” text box.
· The days E‑Verify was unavailable will not count toward the three business days employers usually have to create a case in E-Verify.
Tentative Nonconfirmations (Mismatches)
DHS has also addressed tentative nonconfirmations.
If an employee received a mismatch and notified you of their intention to contest it, and you provided the Referral Date Confirmation to the employee, then you must revise the date by which your employee must contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving the mismatch.
DHS indicates that employers have three options to provide a revised date to employees for their “Referral Date Confirmation” notice. According to DHS:
1. Print a new “Referral Date Confirmation” notice that will have the new date employees must contact SSA or DHS to begin resolving their mismatch.
2. The next option is to log in to E-Verify, select the employee’s‑ case to find their new referral date, and write the new date on the previously issued “Referral Date Confirmation” notice.
3. The third option is to add six (6) federal business days to the date on your employee’s “Referral Date Confirmation” notice and write in the new date. Federal business days are Monday through Friday and do not include federal holidays.
For mismatch cases that were referred once E‑Verify resumed operations on or after Oct. 8, 2025, do not add days to the time your employee has to contact either SSA or DHS. If your employee decided to contest the mismatch when E‑Verify was unavailable, you should now refer the employee’s case and follow the mismatch process.
Impact to Federal Contractors
DHS recognizes that during E-Verify’s unavailability, federal contractors could not enroll or use E-Verify as required by the E-Verify federal contractor rule. As a result, any calendar day when E-Verify was unavailable will not count toward any of the federal contractor deadlines.
DHS directs covered federal contractors to contact their contracting officer, as necessary, for more information on federal contractor responsibilities.
Next Steps - Action Required:
Review the instructions below and resubmit necessary I-9s to E-Verify. ADP is aware of intermittent outages in E-Verify services since E-Verify operations have resumed and suggests trying to process the I-9 at another time if an outage occurs.
Deadline Reminder: To ensure compliance with the October 14th deadline, please reprocess any pending Section 2’s to submit a new E-Verify case.
If you have any questions regarding this process, do not hesitate to reach out to your aligned ADP Support Team.
ADP will continue to monitor for any relevant announcements from DHS.
How to re-submit an I9 to E-Verify.
1. Click the HR tab then the Form I-9 link.
2. Select the employee from the Employee dropdown list.
3. Navigate to section 2 and make the selection to unlock only Section 2 of the I9 and then click the Unlock button.
4. Rekey any missing information under the Certification portion of Section 2 (this is the only information that will be blanked out)
a. Check off the certification box
b. The Employee’s first day of employment date should remain the same. Please do not modify.
c. Re-key the same signature date that was originally used. Please do not modify.
d. Select “Other” from the Overdue Reason drop down list and enter E-Verify Not Available as the specific reason. (if applicable.)
5. Save All Tabs.
6. Navigate back to the E-Verify Dashboard and complete any next steps on the E-Verify case and close the case.
If asked to select a Reason for Delay: select “Other” from the drop-down menu and enter “E-Verify not Available” in the text box provided.