You must notify your employee of their mismatch result as soon as possible. You must also inform your employee that they must tell you whether they will take action on their mismatch by the 10th day after E-Verify issued the mismatch.
Once you have received your employee’s decision on whether they will take action on their mismatch, you must confirm the employee’s decision by selecting the appropriate box in E-Verify and refer the case or close the case.
You must complete these steps by the 10th federal government working day after issuance of the E-Verify mismatch.
For more information on how to confirm your employee’s decision, see the E-Verify User Manual.
Once you refer a mismatch case, the employee must contact the Department of Homeland Security (DHS) or visit a Social Security Administration (SSA) field office within eight federal government working days to take action on their mismatch. The employee’s Referral Date Confirmation provides the date by which the employee must contact DHS or visit SSA.
For more information on how to take action on a mismatch, refer to the Referral Date Confirmation or visit our How to Correct a Tentative Nonconfirmation page.
E-Verify has extended the time frames to take action on certain mismatches. Please refer to the Temporary Policies Related to Covid-19 page for more information.
If your employee did not tell you their decision by the end of the 10th federal government working day after issuance of the mismatch result in E-Verify, you should close the case. For more information on how to close a case, refer to the E-Verify User Manual.
Not telling you whether they will take action on their mismatch is the same as your employee choosing not to take action to resolve the mismatch. When E-Verify issues a Final Nonconfirmation, you may terminate employment with no civil or criminal liability as noted in the Responsibilities of the Employer section, Article II, Section A paragraph 13 of the Memorandum of Understanding.