3.3.2 Confirm Employee Decision
After the employee is notified of the mismatch and decides whether to take action to resolve the case result, the employee should acknowledge the decision on the Further Action Notice. Employees who choose to take action on a mismatch are referred to DHS and/or SSA. If a dual mismatch is received, the employee will be referred to both DHS and SSA if he or she chooses to take action. To resolve an DHS or SSA mismatch, employees should follow the steps outlined in the Confirm Employee Decision and Refer Case – Process Overview.
An employee has eight federal government working days to take action:
- DHS mismatch: Call DHS to begin to resolve
- SSA mismatch: Visit an SSA field office to begin resolving
- SSA citizenship mismatch: Call DHS or visit an SSA field office to begin resolving
If an employee chooses to take action to resolve a DHS mismatch issued because of a state motor vehicles agency mismatch, the employee must call DHS within 8 federal government working days after the case is referred. If DHS is unable to resolve the case, the employee may need to contact the state motor vehicles agency that issued the driver’s license or state identification card.
An employee who chooses to take action to resolve a dual mismatch is only given eight federal government working days to call DHS and visit SSA to begin resolving both mismatches after the case is referred. Federal government working days are Monday through Friday (except for federal holidays).
IMPORTANT: You must download the Further Action Notice before referring the case.
Give the employee the Referral Date Confirmation, and provide applicable documentation from E-Verify. The Referral Date Confirmation provides the date by which the employee must call DHS and/or visit SSA. The employee should bring the Further Action Notice when he or she visits an SSA field office.
If the photos do not match during E-Verify photo matching, E-Verify will prompt the employer to upload copies of the employee’s photo document and the case may result in a mismatch. When this happens, the employer must notify the employee of the mismatch and allow the employee to choose whether to take action to resolve the mismatch. If the employee decides to take action on the photo mismatch, the employer must refer the case in E-Verify and the employee must contact DHS to begin resolving the mismatch within eight federal government working days after the case is referred.
CONFIRM EMPLOYEE DECISION AND REFER CASE – PROCESS OVERVIEW
- Select the option indicating whether or not the employee will take action to resolve the mismatch.
- Click Continue.
NOTE: If you indicate that the employee will take action to resolve the mismatch, the employee has eight federal government working days from when you click Continue call DHS and/or visit SSA.
EMPLOYEE WILL TAKE ACTION TO RESOLVE MISMATCH:
- Download and print the Referral Date Confirmation, attach a copy to the employee’s Form I-9, and provide the original to the employee.
- The Referral Date Confirmation downloads in English by default, but may also be downloaded in Spanish.
- To download/print in English, click Download Referral Date Confirmation.
- To download/print in Spanish, click the down-arrow next to English and select Spanish, then click Download Referral Date Confirmation.
- Click Continue.
NOTE: If the employee cannot read, you must read the Referral Date Confirmation to the employee. Provide employees who do not speak English as their primary language or have a limited ability to read or understand the English language, with a translated version of this confirmation in the appropriate language. Additional languages are available, in Other Resources under Resources/View Essential Resources in E-Verify.
IMPORTANT: If you determine information in the case is incorrect and the case should be closed, select the option indicating the employee will not take action. The case will receive a Final Nonconfirmation result and you will be prompted to close the case. Once you click Close Case, you may select an option indicating you are closing the case because information was entered incorrectly. Close the case only after E-Verify provides a final case result or if you no longer need to continue to confirm the employment eligibility of the employee.
IF EMPLOYEE WILL NOT TAKE ACTION TO RESOLVE THE MISMATCH:
- Confirm that you selected the correct option.
- Click Continue to close the case.
- Click Cancel to return to the previous screen.
NOTE: If you click Continue to close the case, E-Verify displays an updated case status of Final Nonconfirmation.
- Click Close Case.
IF THE EMPLOYEE DOES NOT GIVE YOU THEIR DECISION TO TAKE ACTION TO RESOLVE THE MISMATCH BY THE END OF THE 10TH FEDERAL GOVERNMENT WORKING DAY AFTER E-VERIFY ISSUED THE MISMATCH RESULT:
- Select the option indicating the employee will not take action to resolve this E-Verify case.
- Select “Neither of the options above apply - I am closing this case for a different reason.”
- Click drop-down list and select “Other”
- Type “Administrative / Employee Unavailable” or “Employee chose not to make a decision” in the text box.
- Click Close Case.
NOTE: See Section 4.1 Close Case – Process Overview for additional guidance on closing a case that received a Final Nonconfirmation result.
DHS and SSA have 10 federal government working days from the date the case was referred to update the case result in E-Verify. Check E-Verify periodically for an update on the case result. A case referred to DHS or SSA is updated with one the following results:
- EMPLOYMENT AUTHORIZED, Section 3.1
- E-VERIFY NEEDS MORE TIME, Section 3.2
- CASE IN CONTINUANCE, Section 3.4
- CLOSE CASE AND RESUBMIT, Section 3.5
- FINAL NONCONFIRMATION, Section 3.6
Each case result requires different actions or steps to continue or close the case. These actions are outlined in the case result sections throughout this manual.
CONFIRM EMPLOYEE DECISION AND REFER CASE SUMMARY
- Take next steps in E-Verify based on the employee’s decision to take action or not regarding the mismatch.
- If employee decides to take action, refer the case.
- If referred:
- Print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9
- Check E-Verify for case result updates and follow steps based on case result provided.
- If the employee decides not to take action, close the case.
- Take next steps based on decision to take action or not
- If referred, contact DHS and/or visit a SSA field office within eight federal government working days and present the Further Action Notice and applicable original documents listed on the Further Action Notice
- Follow DHS or SSA instructions or next steps