January 2026 Government Shutdown I-9 Compliance Prep Guide

January 2026 Government Shutdown: I-9 & E-Verify Compliance Preparation Guide

Government shutdown I-9 compliance needs immediate attention as federal funding for most agencies expires on January 30, 2026. If Congress does not reach an agreement, employers should be ready for the possibility that E-Verify access will be temporarily unavailable while all Form I-9 deadlines and enforcement continue as normal. Businesses will need clear procedures for completing I-9s on time, handling hires made during an outage, managing TNC delays, and documenting compliance until E-Verify resumes. Preparing these steps now reduces operational disruption and prevents avoidable compliance gaps.

Why January 2026 Government Shutdown I-9 Compliance Planning Cannot Wait

The continuing resolution that reopened the government in late 2025 only funds key agencies— including the Department of Homeland Security—through January 30, 2026. If Congress fails to pass a longer-term agreement, many federal operations will enter a shutdown cycle similar to the October 2025 government shutdown.

During the 2025 shutdown:

• E-Verify went offline when funding lapsed.
• Employers could not create new E-Verify cases or resolve pending TNCs.
• DHS suspended E-Verify timing rules but did not pause Form I-9 deadlines.
• When E-Verify came back online mid-shutdown, employers received a compressed catch-up deadline to submit all delayed cases.

This pattern is likely to repeat. Employers should prepare for interrupted E-Verify availability and, at the same time, assume that I-9 requirements will remain unchanged.

What Employers Should Expect if the Government Shuts Down on January 30, 2026

While government operations vary from shutdown to shutdown, several patterns are consistent.

1. E-Verify may become unavailable immediately

Historically, when DHS appropriations lapse, E-Verify suspends:

• New case creation
• TNC resolution
• Case updates
• Reporting and compliance dashboards

During the outage, employers cannot move forward with E-Verify case creation or address TNCs.

Related: How Does E-Verify Work?

2. Form I-9 requirements will not pause

Employers must continue to:

• Have employees complete Section 1 on or before the first day of work for pay.
• Complete Section 2 within three business days of the start date.
• Follow normal reverification timelines for expiring work authorization.

3. DHS may restore E-Verify during the shutdown

In 2025, USCIS restored E-Verify while the shutdown was still underway. That unexpected move forced employers into a condensed catch-up period.

January could follow a similar pattern—meaning employers should prepare for rolling availability, not a predictable timeline.

4. A short catch-up deadline is likely

When E-Verify resumes, DHS typically requires:

• Case creation for all hires during the outage
• Mandatory notation that delay was caused by system unavailability
• Immediate resumption of TNC notifications and employee follow-up

What Will Not Pause: Form I-9 Deadlines & Employer Liability

A federal shutdown does not change the underlying requirements of Form I-9.

Section 1 & Section 2 timing remains fixed

Employers cannot delay I-9 completion because E-Verify is down. Failure to complete timely I-9s is a violation, regardless of the shutdown.

Related: Common I-9 Mistakes HR Leaders Make

Reverification responsibilities continue

If an employee’s work authorization expires in this period, employers must reverify as usual—applying any DHS automatic extensions consistently.

Related: Reverification Guidance for I-9 Compliance

Documentation standards remain critical

ICE audits focus heavily on:

• Timely I-9 completion
• Whether delays were documented consistently
• Whether employees were treated fairly and uniformly

The January 2026 Countdown: 14-Day Preparation Checklist

The two-week window before January 30 is the most important planning period.

14–7 Days Before January 30

1) Identify all upcoming start dates

Flag hires starting between January 23 – February 13. These employees are most likely to fall within an E-Verify outage window.

2) Confirm E-Verify user access

Ensure every team member responsible for case creation has valid credentials.

3) Set up a “shutdown hire” tracking process

Digital tagging is preferable to spreadsheets, especially for multistate employers.

4) Update your onboarding and compliance procedures

Add a clause explaining how your organization handles E-Verify outages.

5) Prepare TNC communications in advance

Employees should know what a delay means and what happens next.

6) Perform a quick internal training refresh

Reinforce that:

• I-9 completion deadlines do not change,
• Only E-Verify timing is affected.

7–1 Days Before January 30

1) Resolve open E-Verify cases where possible

Clear any pending TNCs or unresolved cases before the potential outage.

2) Avoid workflow changes

Do not modify onboarding procedures or introduce new tools in the final week leading up to a potential shutdown.

3) Generate baseline compliance reports

Capture:

• Open cases
• Timing metrics
• Sites or teams with past delays

During the Shutdown: Day-to-Day Compliance Steps

If the shutdown occurs and E-Verify posts an outage notice, follow these steps:

1. Save DHS/E-Verify outage announcements

Audit teams often request verification of system unavailability.

2. Continue completing I-9s on time

Do not adjust Section 1 or Section 2 timing.

Related: List of Acceptable Documents for I-9 Review

3. Tag all hires made during the outage

Use a consistent tracking method across all locations.

4. Queue pending E-Verify cases

If your software supports queued submissions (like the i9 Intelligence platform does), case creation can resume immediately once E-Verify is restored.

5. Pause TNC follow-up timelines

Employees must not be penalized for delays caused by the outage.

6. Communicate consistently with managers and HR

Hiring and onboarding should continue uninterrupted.

After the Shutdown: Catch-Up Requirements and Employer Obligations

Once DHS announces E-Verify is back online, employers must act quickly.

1. Run your “shutdown hires” report

Identify every employee hired during the outage window.

2. Create E-Verify cases promptly

Use DHS’s recommended notation (e.g., “E-Verify unavailable due to government shutdown”).

3. Resume TNC processes

Notify impacted employees and follow updated timeframes.

4. Document your remediation steps

Create an internal memo summarizing:

• Shutdown duration
• Total affected hires
• Submission completion date
• Any procedural issues encountered

5. Retain all evidence of system unavailability

This includes:

• Screenshots
• DHS announcements
• Internal SOPs for handling the outage

Higher Risk for Federal Contractors & E-Verify Mandate States

Federal contractors and employers in states with E-Verify mandates (e.g., Florida, South Carolina, Alabama) face higher exposure because:

• Their obligation to use E-Verify does not disappear,
• Contracting officers may request documentation,
• State-level requirements may continue independent of DHS operations.

Related: List of States That Require E-Verify

Communication Plan for HR, Recruiters & Employers

For HR & Recruiters

• Continue onboarding without delay.
• Apply consistent shutdown tags.
• Ensure accurate I-9 completion timing.

For Hiring Managers

• Start dates should not shift because E-Verify is down.

For Employees

• Explain that their verification is in progress but paused due to a temporary federal system outage.
• Clarify that this delay does not impact their eligibility to continue working.

How i9 Intelligence Minimizes Shutdown Risk

A shutdown puts stress on manual workflows. A digital compliance platform, such as i9 Intelligence, reduces disruption by:

1. Automating shutdown-hire tagging

Immediately categorize impacted hires across all worksites.

2. Queueing E-Verify submissions

Cases created during the outage automatically submit once E-Verify resumes.

3. Storing standardized delay notes

DHS-compliant case annotations are pre-configured.

4. Centralized dashboards & reporting

Generate reports by date range, location, status, or employee group.

5. Streamlined TNC handling

Pause/resume functionality ensures no deadlines or notifications are missed.

6. Full audit trail

Every action taken during the outage is logged and exportable.

Preparing for a potential January 2026 shutdown requires clear processes, consistent documentation, and tools that won’t break when federal systems go offline. Manual spreadsheets and ad-hoc tracking create risk during even normal hiring cycles—during a shutdown, they create preventable violations. With automated tagging, queued case creation, built-in DHS delay notes, and audit-ready reporting, i9 Intelligence gives employers the stability and accuracy that shutdown volatility demands. If your team wants to enter late January with a defined plan and the right safeguards in place, now is the time to tighten your workflow.

To review your current process and build a shutdown-ready compliance strategy, schedule a free consultation with our I-9 compliance specialists.