With a possible government shutdown looming on March 15, 2025, HR departments may be concerned about how it might impact their hiring and Form I-9 processes, especially those that rely on E-Verify, a federally-funded system that electronically confirms work eligibility in the U.S.
Key Information on Form I-9 and E-Verify for HR:
-
Employers Must Still Complete Form I-9
The most crucial point is that completing Form I-9 for all new hires is mandatory, regardless of whether the E-Verify system is online or offline. E-Verify is never a replacement for the Form I-9 process.
-
E-Verify May Become Unavailable
During previous shutdowns, the E-Verify system and related services were taken offline. This prevented employers (and E-Verify employer agents) from enrolling in E-Verify, verifying employment eligibility, or taking action on any cases. It also affected customer support, preventing employees from resolving mismatches (Tentative Nonconfirmations or TNCs), and led to the cancellation of E-Verify-led webinars and training sessions.
Employers using the new E-Verify+ program, which includes an electronic I-9 component, may also face disruptions. In past shutdowns, services provided through the myE-Verify portal, such as Self Check and Self Lock, were also unavailable.
-
Extended Time to Create E-Verify Cases
Normally, employers must create E-Verify cases within three business days after an employee starts work. During past shutdowns, USCIS suspended this rule and allowed employers to submit I-9s to E-Verify once the system was back online.
If USCIS adopts the same approach in 2025, HR teams should track all new hires during the shutdown and maintain easy access to I-9 files and supporting documents for photo matching. Employers using EMP Trust I-9’s electronic system can benefit from automatic queuing and submission of E-Verify cases, saving time and effort.
-
More Time to Resolve Mismatches
In previous shutdowns, USCIS allowed additional time for employees to contest TNCs (Tentative Nonconfirmations) once the system was operational again. Employers should carefully track pending TNCs and remember that they cannot take any negative action against employees with TNCs during the shutdown, such as termination, suspension, or withholding pay.
-
Federal Contractors and Subcontractors Face Unique Challenges
During past shutdowns, federal contractors and subcontractors couldn’t enroll in or use E-Verify as required by the Federal Acquisition Regulation (FAR). If your organization misses a deadline due to E-Verify being offline, USCIS typically allows you to complete cases once the system is back online and notify your contracting officer.
-
Remote Document Verification Can Continue
In preparation for past shutdowns, USCIS allowed qualifying employers to use the virtual process for verifying documents remotely, even when E-Verify was unavailable. These employers must still submit I-9s to E-Verify once access resumes. However, this option is not available to employers who haven’t yet enrolled in E-Verify, as they cannot verify employees hired before enrollment.
By staying informed and utilizing tools like EMP Trust I-9, HR departments can navigate the challenges of a potential government shutdown with ease.
