SELF-ASSESSMENT GUIDE FOR E-Verify DIRECT ACCESS USERS
3.4 Tentative Nonconfirmation (Mismatch) Process Checklist
A mismatch occurs when the information an employer enters into E-Verify from an employee’s Form I-9 does not immediately match records available to either DHS or the Social Security Administration (SSA) or both DHS and SSA records. This does not necessarily mean that the employee is not authorized to work in the United States. Employees must be allowed to resolve a mismatch result if they choose to do so. While taking action to resolve a mismatch, employees must be allowed to work without any change in working conditions that are based on the mismatch.
A DHS data mismatch may occur because the employee’s:
- Name, Alien Number, Form I-94 number and/or foreign passport numbers do not match DHS records
- U.S. passport or passport card, driver’s license, state ID, or foreign passport information could not be verified
- Information was not updated in DHS records when their citizenship or immigration status changed
- Citizenship or immigration status changed
- Information was not entered correctly in E-Verify
- Information was not entered correctly on the employee’s Form I-9
- Photo did not match E-Verify records
An SSA data mismatch may occur because the employee’s:
- Citizenship or immigration status was not updated with SSA
- Did not report a name change to SSA
- Name, Social Security number and/or date of birth is incorrect in SSA
- SSA record contains another type of mismatch
- Information was not entered correctly in E-Verify
NOTE: Use this checklist along with the current MOU and the current E-Verify User Manual.
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| # | Question/Response Section | Response Notes |
|---|---|---|
| 4.0 | Do you download and print the Further Action Notice to review in private with the employee and instruct the employee to confirm whether the information is correct? Notify Employee of Mismatch – Process Overview | |
| 4.1 | Do you confirm the information on the Further Action Notice within 10 federal government working days after E-Verify issued the mismatch result? Notify Employee of Mismatch – Process Overview | |
| 4.2 | If the employee does not tell you whether they will take action to resolve the mismatch by the end of the 10th federal government working day, do you close the case? Notify Employee of Mismatch – Process Overview | |
| 4.3 | If the employee speaks a language other than English or Spanish, do you give the employee a copy of the pre-populated English-language version of the Further Action Notice and a copy of the Further Action Notice in the requested foreign language? Notify Employee of Mismatch – Process Overview | |
| 4.4 | Has the employee indicated on the English-language version of the Further Action Notice his or her election to take action (or not take action) to resolve the mismatch? Notify Employee of Mismatch – Process Overview | |
| 4.5 | Does the employee sign the English-language version of the Further Action Notice after the employee decided to either take action to resolve the mismatch or not? Notify Employee of Mismatch – Process Overview | |
| 4.6 | Do you provide the employee a copy of the signed English-language version of the Further Action Notice, along with, if applicable, a copy in the employee’s requested language? Notify Employee of Mismatch – Process Overview | |
| 4.7 | Do you keep the original signed English-language version of the Further Action Notice on file with the employee’s Form I-9? Notify Employee of Mismatch – Process Overview | |
| 4.8 | If the employee chose to take action to resolve the mismatch, do you refer the case in E-Verify and downloaded the Referral Date Confirmation letter and provide a copy to the employee? Confirm Employee Decision and Refer Case – Process Overview | |
| 4.9 | If the employee will not take action to resolve the mismatch, do you properly close the case in E-Verify? Confirm Employee Decision and Refer Case – Process Overview | |
| 4.10 | For cases that are in continuance, do your users check case results for updates? Case Alerts and View/Search Cases – Process Overview and Case in Continuance – Process Overview | |
| 4.11 | For cases that you receive a notice from DHS or SSA to close and resubmit, do you create a new case as instructed? Close Case and Resubmit – Process Overview |
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