outsolve insights

The Department of Homeland Security (DHS) just announced an interim final rule related to automatic extensions of employment authorization. Employment authorization documentation (EADs) is no longer automatically extended when an alien files to renew their application on or after October 30, 2025.   

Those in HR know there’s no shortage of forms, compliance checklists, and onboarding tasks, but few are as critical (or as legally risky) as Form I-9. Designed to verify the identity and employment authorization of individuals hired in the United States, the I-9 seems straightforward on the surface; however, even small mistakes can result in I-9 violations and hefty penalties.  

HR Teams are always trying to do it all—we’re compliance partners, onboarding experts, and often the first line of defense in making sure our organizations don’t run afoul of employment laws. One area that’s growing increasingly complex, especially for multi-state or hybrid employers, is Form I-9 and E-Verify compliance. 

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

High-volume hiring seasons, whether during the holidays, back to school rush, or company growth spurts, can quickly overwhelm HR departments. When dozens, or hundreds (or more!), of new employees are onboarding all at once, the pressure to balance speed, compliance, and a positive onboarding experience becomes all too real. 

U.S. Citizenship and Immigration Services (USCIS) recently published additional frequently asked questions (FAQs) regarding the E-Verify Status Change Report and Employment Authorization Document (EAD) revocations. Employers are responsible for manually pulling this and need to add calendar reminders every two weeks to get updates to the EAD revocation page. These new changes place additional ongoing responsibilities for employers to monitor and act on this information promptly.   

When it comes to employment eligibility verification, few documents are as critical and error prone as the Form I-9. HR juggles compliance, onboarding, and documentation every day, but one misstep with Form I-9 can lead to significant consequences in 2025. This is especially true when it involves what's known as a substantive error. 

Update as of October 9, 2025: Despite the continued government shutdown, E-Verify has resumed operations. Employers must:

• • Submit E-Verify cases for anyone who was hired during the shutdown by Tuesday, October 14. 
  • Revise Referral Date Confirmations for employees who received a mismatch and notified you of their intent to contest it - more information found here
    

For more information on what you need to do with E-Verify cases, tentative nonconfirmations, federal contractor deadlines, and more, visit the E-Verify website here.

Government Shutdown Impact on E-Verify 

As of 12:01 AM on October 1, 2025, the federal government has shut down due to Congress's inability to pass funding legislation. This shutdown has resulted in the temporary suspension of the E-Verify system, which is operated by the Department of Homeland Security (DHS). 

From recruiting to training to building a strong corporate culture, HR functions in every corner of an organization. But one responsibility stands out for legal and compliance importance: employment eligibility verification.  

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

By law, employers must verify that every employee they hire is legally authorized to work in the U.S. But which laws are relied upon by the U.S. government to enforce that requirement? Many of the statutes it uses fall under the Immigration and Nationality Act. The Department of Justice (DOJ) may also enforce violations through anti-fraud laws in limited circumstances. Also, as of May 12, 2025, the DOJ has expanded its new Corporate Whistleblower Awards Pilot Program to include corporate immigration violations.