What does it mean if my employee receives a Tentative Nonconfirmation (mismatch), and what must I do next?

A Tentative Nonconfirmation (mismatch) case result means the information you entered into E-Verify from an employee’s Form I-9 does not match records available to the Department of Homeland Security (DHS) and/or Social Security Administration (SSA) and must be acted upon by the E-Verify employer with 10 federal government working days after receipt. 

Instruct the employee to tell you their decision no later than the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify. Follow the steps outlined below:

1. Download and print the English version of the Further Action Notice from E-Verify;
2. Inform the employee of the mismatch result in private;
3. Allow the employee the option to take action to resolve the mismatch;
   • If the employee decides to take action to resolve the mismatch:
     • Have the employee indicate their decision on the Further Action Notice and sign it.
     • Provide a copy of the signed Further Action Notice in English for the employee; and
     • Print and provide the employee with the Referral Date Confirmation
     • The employee has 8 federal government working days from the Referral Date Confirmation date to take action with DHS and/or SSA and E-Verify will update the employer with a case status.
     • The employee may continue to work while resolving the mismatch.
   • If the employee decides not to take action to resolve the mismatch:
     • Have the employee indicate their decision on the Further Action Notice and sign it.
     • Provide a copy of the signed Further Action Notice in English to the employee.
     • You must close the case in E-Verify and indicate whether or not you will continue to employ the individual.
   • If the employee did not give you their decision whether to take action to resolve the mismatch within 10 federal government working days after E-Verify issued the mismatch result, then you should close the case by following the steps outlined in Section 4.1 of the E-Verify User Manual. 

NOTE: The E-Verify Further Action Notice template is also available in Spanish in E-Verify under Resources in your E-Verify account. If the employee does not read English, the employer can provide a foreign language version in addition to the English version.

You should check E-Verify periodically for case result updates. You may not terminate or take adverse action against an employee because of the mismatch while DHS or SSA is reviewing the employee’s case.