3.3 Tentative Nonconfirmation (Mismatch)
A mismatch means that the information entered into E-Verify does not match records available to SSA and/or DHS. It is possible for an employee to receive a dual mismatch, which means the case received a mismatch result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. E Verify identifies the agency or agencies associated with the mismatch in the mismatch Further Action Notice. When E-Verify displays a mismatch case result, the employer must first notify the employee and complete the referral process as soon as possible within 10 federal government working days after E-Verify issued the mismatch result.
A case can result in a mismatch with SSA because:
- The employee’s citizenship or immigration status was not updated with SSA.
- The employee did not report a name change to SSA.
- The employee’s name, Social Security number and/or date of birth are incorrect in SSA records.
- SSA records contain another type of mismatch.
- The employer entered the employee’s information incorrectly in E-Verify.
A case can result in a mismatch with DHS because the employee’s:
- Name, Alien Number, Form I-94 number and/or foreign passport number are incorrect in DHS records.
- U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified.
- Information was not updated in the employee’s DHS records.
- Citizenship or immigration status changed.
- Record contains another type of error.
- Employer entered information incorrectly in E-Verify.
- Photo did not match.
IMPORTANT: Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because the employee received a mismatch, until the mismatch becomes a Final Nonconfirmation.
If the employee chooses not to take action on the mismatch, the employer may terminate employment with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU. The case can be treated as a Final Nonconfirmation and the employer should close the case in E-Verify.
If the employee does not give the employer their decision by the end of the 10th federal government working day after E-Verify issued the mismatch result, the employer should close the case in E-Verify. E-Verify will be unable to confirm the employee is authorized to work in United States and the employer can terminate employment.
For more information, see Section 4.1 Close Case.
The following sections outline the specific steps required when a mismatch case result is received.