DHS AND SSA MISMATCHES

A DHS or SSA Tentative Nonconfirmation (mismatch) results when the information entered in E-Verify does not match DHS records or data available to SSA. A mismatch does not necessarily mean that the employee is not authorized to work in the United States.

A DHS mismatch may be issued because the employee's:

  • Name, A-number, I-94 number and/or foreign passport number were recorded incorrectly in DHS records
  • U.S. Passport, Passport Card, driver’s license or state ID card 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
  • Information was not entered correctly by the employer

An SSA mismatch may be issued because the employee's:

  • Citizenship or immigration status was not updated with SSA
  • Name change was not reported to SSA
  • Name, Social Security number or date of birth is incorrect in SSA records
  • SSA record contains another type of mismatch
  • Information was not entered correctly by the employer

Both the employer and employee have responsibilities when E-Verify returns a mismatch result:

Step 1: Employer notifies employee of TNC.  Step 2: Employee decides whether to contest Step 3: Employer refers case to SSA or DHS. Step 4 Employee visits SSA or calls DHS. Step 5: Employer receives updated results. Step6: Employer closes the case

1. Employer notifies the employee of the mismatch.

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 issues the mismatch result. Instruct the employee that they must tell you their decision by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify. To notify the employee, the employer must print the Further Action Notice and provide it to the employee. The Further Action Notice is a critical document that lets the employee know:

  • Whether the mismatch is a DHS or SSA mismatch. This is important because the employee must know which one of these agencies to visit or contact to take action.
  • Why the employee received a mismatch.
  • What the employee's options after having received a mismatch.
  • What the employee must do to take action to resolve the mismatch.

The Further Action Notice also provides instructions to the employer for notifying an employee of a mismatch. Specifically, the employer must:

  • Print the Further Action Notice and review it privately with the employee.
  • Read the Further Action Notice to the employee if the employee cannot read.
  • Provide the employee with the English version and a foreign language version of the Further Action Notice if the employee does not fully understand English.
  • Instruct the employee to complete and sign the employee section on page one of the Further Action Notice.
  • Provide the employee a copy of the signed Further Action Notice and keep the original with the employer's records.

2. Employee decides whether to take action to resolve the mismatch.

Employees also have certain rights and responsibilities after having received a mismatch. After receiving a mismatch, the employee must decide whether to take action to resolve it and indicate so on the Further Action Notice.

An employee has eight federal government working days to take action:

  • DHS Mismatch: Call DHS to begin resolving the case
  • SSA Mismatch: Visit an SSA field office to begin resolving the case
  • SSA citizenship Mismatch: Call DHS or visit an SSA field office to begin resolving the case

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.

3. Employer refers the employee's case to DHS or SSA.

An employee who chooses to take action to resolve a mismatch must call DHS or visit an SSA field office in person within 8 federal government working days. When the employer refers the case, E-Verify will generate a Referral Date Confirmation which the employer must print and give to the employee. The Referral Date Confirmation provides the employee the date by which he or she must call DHS or visit an SSA field office to resolve the mismatch.

It is also important for the employer to provide a copy of the Further Action Notice to the employee so they can refer to it for instructions to resolve the mismatch and show a copy of it to the representative if they visit an SSA field office.

If the employee takes action to resolve a DHS mismatch issued because of a photo mismatch (meaning the employer indicated that the photo displayed by E-Verify did not match the photo on the employee's document), the employer must also make a copy of the document the employee provided and submit it to DHS for review. The employer may either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense.

The employee must be allowed to continue working while he or she resolves the mismatch. In addition, an employer may not take any adverse actions, such as delaying training or reducing work hours, against an employee because of a mismatch while the case status is an Employee referred to DHS or SSA.

4. Employee takes action to resolve the mismatch.

Once the employer refers the case in E-Verify, the employee has 8 federal government working days to call DHS or visit an SSA field office. When contacting DHS or visiting SSA, the employee should have the Further Action Notice along with any required documents. The Further Action Notice explains what documents are required to resolve the different types of possible mismatches.

If the employee does not take the required action to resolve the mismatch within 10 federal government working days after the case is referred, E-Verify will automatically change the employee's case status to DHS or SSA Final Nonconfirmation. Only after an employee receives a DHS or SSA Final Nonconfirmation may the employer terminate the employee based on E-Verify.

5. Case updates in E-Verify.

If the employee is successful in resolving the mismatch, DHS or SSA will update its records and the case in E-Verify. It may take up to two federal government working days after a mismatch is resolved for the employer to see the updated case status in E-Verify.

E-Verify features a case status alert that will notify the employer of an update in a case when the employer logs in to E-Verify.

In most DHS mismatch cases, DHS will update the employee's case with a final case result, which can be employment authorized, DHS no show or DHS Final Nonconfirmation. Occasionally, DHS may require the employee to take additional action before issuing a final case result. In these situations, DHS will update the employee's case to Case in Continuance. 

In rare cases, DHS may need more than 10 federal government working days to confirm employment eligibility. This can happen for a number of reasons, including if an employee has lost the document that was presented for I-9 completion and has applied for a replacement document. The employee must contact DHS and attempt to resolve the mismatch before DHS can put a case in continuance. 

In most SSA mismatch cases, SSA will update the case with a final case result, which can be either Employment Authorized or SSA Final Nonconfirmation. Occasionally, SSA may require the employer, employee or DHS to take additional action before a final case result can be issued. In these cases, SSA will update the case to reflect one of the following results:

  • Case in Continuance: In rare cases, SSA may need more than 10 federal government working days to confirm an employee's employment eligibility. This can happen when an employee has lost and has applied for a replacement document, such as a birth certificate. The employee must first visit SSA and attempt to resolve the mismatch before SSA will put a case in continuance. Employers should check E-Verify regularly for status updates.
  • E-Verify Needs More Time: The employee may have resolved the discrepancy with SSA, but E-Verify cannot instantly confirm employment authorization because it needs to manually review the records in government databases. For cases requiring manual review, E-Verify will return a E-Verify Needs More Time response and in most cases provide a verification result within 24 hours. No action is required by the employer or employee during this time. Employers should check E-Verify regularly for status updates.
  • Review and Update Employee Data: In some cases, SSA will prompt an employer to review and correct the information that was entered into E-Verify and update the case. This occurs when an employee who has received an SSA mismatch visits SSA and SSA determines there are no errors in the employee's record. This discrepancy may result from either of the following situations:
    •  An employer typing error in E-Verify.
    •  The employee provided incorrect information on the Form I-9, Employment Eligibility Verification form.

The above three case statuses are considered temporary. While a case is in continuance, the employer cannot terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the employee because the employee received a mismatch.

Case in Continuance is considered a temporary case status. While a case is in continuance, the employer cannot terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the employee because the employee received a mismatch.

6. Employer closes employee's case in E-Verify.

If the employer closes the case because the employee did not give the employer their decision whether to take action to resolve the case by the end of the 10th federal government working day after E-Verify issued the mismatch result, E-Verify will issue a Final Nonconfirmation.

For more information, including specific instructions for following mismatch procedures in E-Verify, review the E-Verify User Manual.