An E-Verify case in continuance means the employee has already contacted the Department of Homeland Security or visited a Social Security Administration field office to resolve a mismatch, and the agency needs more time to reach a final answer. It is not a denial. While the case sits in this status, the employer cannot fire, suspend, cut hours, withhold pay, delay training, or otherwise treat the worker differently because of the pending review. The case stays open until E-Verify issues a final result.1E-Verify. E-Verify User Manual 3.4 Case In Continuance
How the Case Reached This Status
Continuance shows up after two earlier steps have already happened. E-Verify checked the new hire’s Form I-9 information against DHS and SSA records and returned a Tentative Nonconfirmation because something didn’t match. The employer gave the employee a Further Action Notice, and the employee decided to contest within the 10 federal government working days allowed.2E-Verify. How to Process a Tentative Nonconfirmation (Mismatch) Once the employee contacted DHS or visited SSA, the status shifted to continuance while the agency works through the review.
The reasons for the delay vary. A name change from marriage or divorce may not have synced across federal databases yet. A recently issued immigration document may not be in electronic records. A data-entry error on the original Form I-9 may need human review to sort out.
What the Employer Must and Must Not Do
Federal E-Verify rules on this point are explicit. During continuance, the employer cannot take adverse action against the employee because of the pending case. That means no termination, no suspension, no denial of work, no delayed training, no withheld pay, no reduced hours, and no assumption that the worker is unauthorized.3E-Verify. E-Verify Quick Reference Guide for Employers – 4.4 Case In Continuance Pressuring someone to quit while the case is open is treated the same as firing them.
The worker continues under the same conditions as any other employee: same pay, same benefits, same schedule, same access to training. These protections stay in place until E-Verify produces a final case result, however long that takes.
Anti-discrimination protections tied to immigration status are enforced by the Immigrant and Employee Rights Section of the Department of Justice under 8 U.S.C. § 1324b.4Department of Justice. Overview Of The Immigrant and Employee Rights Section The statute carries civil penalties starting at $250 to $2,000 per individual for a first violation, rising to $3,000 to $10,000 per individual for repeat offenders, with those amounts periodically adjusted for inflation.5Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices
What the Employee Can Do to Help
The required contact with DHS or SSA has already happened by the time a case reaches continuance, but employees still have a way to push things along. With a myE-Verify account, a worker can track case status and send supporting documents through the myUploads feature. Accepted files are JPG, PNG, and PDF up to 4 MB. After uploading, call DHS at 888-897-7781 to tell a representative the documents are available.6E-Verify. myE-Verify
What to upload depends on the reason for the mismatch. A marriage certificate or court order can address a name change that hasn’t reached SSA records. A copy of a recently issued work authorization document can help when immigration status has been updated but the electronic record hasn’t caught up. The point is to give the reviewer the paper trail that ties the Form I-9 information to the worker’s current records.
How Long It Can Last
There is no fixed deadline. Some cases clear in a few weeks. Others run for months, depending on complexity and agency workload. E-Verify guidance tells employers to contact the E-Verify Contact Center at 888-464-4218 or E-Verify@uscis.dhs.gov if a case has been in continuance for more than 60 federal government working days, roughly three calendar months.1E-Verify. E-Verify User Manual 3.4 Case In Continuance
You don’t have to wait for the 60-day mark to stay current. E-Verify recommends checking the system daily for case updates.7E-Verify. E-Verify User Manual 3.2 E-Verify Needs More Time The job protections stay in effect the entire time.
How It Ends
A case in continuance closes with one of two results.
Employment Authorized
This is the most common outcome. The agency confirms eligibility, and E-Verify closes the case automatically. The employer records the E-Verify case number on the employee’s Form I-9 or attaches a printout of the case details. Nothing further is required.8E-Verify. E-Verify User Manual 4.1 Close Case
Final Nonconfirmation
If the agency still cannot verify eligibility after its review, the case ends in a Final Nonconfirmation. The employer must close the case in E-Verify, and the system asks whether the employer plans to keep employing the individual and, if so, why. Under the E-Verify Memorandum of Understanding, an employer who terminates on the basis of a Final Nonconfirmation faces no civil or criminal liability for that decision.9E-Verify. E-Verify User Manual 3.6 Final Nonconfirmation The system does not force termination, but continuing to employ someone after a Final Nonconfirmation carries significant risk under the Immigration and Nationality Act, and most employers treat this result as the end of the road.