An E-Verify mismatch, officially called a Tentative Nonconfirmation, means the information your employer entered from your Form I-9 does not line up with records at the Social Security Administration (SSA) or the Department of Homeland Security (DHS).1E-Verify. Tentative Nonconfirmation (Mismatch) Overview It is not a finding that you are unauthorized to work. Most mismatches trace back to outdated government records or a typo made when your employer created the case. You have the right to contest the result, keep working, and get the discrepancy corrected without losing your job.
What Your Employer Must Give You
Your employer has to notify you of the mismatch privately and hand you a document called a Further Action Notice. That notice explains why the mismatch happened, identifies the specific information that didn’t match, and lists a Case Verification Number tied to your record.2E-Verify. Further Action Notice – Tentative Nonconfirmation Your employer has to review the notice with you and let you decide whether to contest.3E-Verify. E-Verify User Manual – Notify Employee of Mismatch
If you decide to contest, your employer refers the case in E-Verify and gives you a second document, the Referral Date Confirmation. That one lists your deadline for contacting the agency.4E-Verify. E-Verify User Manual – 3.3.3 Refer Employee to DHS or SSA You have eight federal government working days from the referral date to take action.5E-Verify. How Many Days Does My Employee Have to Take Action on Their Mismatch Federal working days exclude weekends and federal holidays, so the deadline usually falls close to two calendar weeks out.
If you choose not to contest, your employer can treat the result as a Final Nonconfirmation, which normally ends the job. You are not required to contest, but declining gives up the chance to correct the record through E-Verify.
What Your Employer Cannot Do While the Case Is Pending
Until E-Verify issues a Final Nonconfirmation, your employer cannot fire you, suspend you, cut your pay or hours, delay your training, or take any other adverse action against you because of the mismatch.6E-Verify. Tentative Nonconfirmations (Mismatches) The E-Verify Quick Reference Guide for Employers states that employers must not “take adverse action against or terminate an employee because he or she received a mismatch result, unless E-Verify issues a case result of Final Nonconfirmation.”7E-Verify. E-Verify Quick Reference Guide for Employers
An employer who fires you, cuts your hours, or treats you differently over a pending mismatch is violating both the E-Verify Memorandum of Understanding and federal anti-discrimination law. Under 8 U.S.C. § 1324b, penalties for unfair immigration-related employment practices start at $250 to $2,000 per individual for a first violation, rise to $2,000 to $5,000 for an employer previously found in violation, and reach $3,000 to $10,000 for repeat offenders.8Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices Those amounts are subject to inflation adjustments. Employers who demand specific I-9 documents rather than accepting any valid one face a separate $100 to $1,000 penalty per individual for document abuse.
Common Reasons a Mismatch Happens
Before you take a day off to sit in an SSA office, ask your employer to check what they typed into E-Verify against your I-9. A transposed Social Security number or a misspelled name is one of the recognized causes of an SSA mismatch, and the fix is a corrected case, not a government visit.6E-Verify. Tentative Nonconfirmations (Mismatches)
The other common causes of an SSA mismatch are:
- A name change after marriage or divorce that was never reported to SSA.
- Naturalization or a change in immigration status that SSA was never told about.
- An incorrect name, Social Security number, or date of birth in SSA’s records.
A DHS mismatch can arise when a name, Alien Number, I-94 number, or foreign passport number doesn’t match DHS records, or when a U.S. passport, passport card, driver’s license, state ID, or foreign passport presented for the I-9 can’t be verified.9E-Verify. E-Verify User Manual – 3.3 Tentative Nonconfirmation (Mismatch) If you get a dual mismatch flagged by both agencies, you have to act with each agency separately inside the same eight-day window.2E-Verify. Further Action Notice – Tentative Nonconfirmation
How to Fix an SSA Mismatch
SSA mismatches have to be handled in person at a local SSA field office. Bring your Further Action Notice and tell the representative you have an E-Verify issue. SSA asks for original documents, not copies. Which documents you need depends on why the mismatch occurred. Common examples include:
- A birth certificate or passport for proof of age.
- A driver’s license or passport for proof of identity.
- A marriage certificate if your current name doesn’t match your Social Security card.
- A Naturalization Certificate, U.S. birth certificate, U.S. passport, Permanent Resident Card, Employment Authorization Document, or Arrival-Departure Record showing work-authorized status, for citizenship or status issues.
If the problem is an unreported name change, walking in with a marriage certificate and a current ID often resolves it in one visit.10E-Verify. Sample Social Security Administration Further Action Notice
How to Fix a DHS Mismatch
DHS mismatches are handled by phone. Call the number on your Further Action Notice within the eight federal working days. Have your passport, Permanent Resident Card, Employment Authorization Document, or other immigration paperwork in front of you when you call, because the representative will ask you to confirm details from those records.
After you’ve contacted either agency, tell your employer you’ve taken action. The employer is supposed to check E-Verify for status updates, but a quick note keeps everyone on the same page.
How the Case Ends
Every E-Verify case closes in one of three ways.
Employment Authorized
The information now matches government records, and you’re confirmed as eligible to work. E-Verify closes the case automatically.11E-Verify. E-Verify User Manual – 3.1 Employment Authorized Nothing more is required from you or your employer.
Case in Continuance
You’ve contacted SSA or DHS, but the agency needs more time. There is no fixed deadline on the agency’s side. If a case sits in continuance for more than 60 federal working days, you or your employer can call the E-Verify Contact Center at 888-464-4218 to check on it.12E-Verify. E-Verify User Manual – 3.4 Case in Continuance Your employer still cannot take adverse action during a continuance.
Final Nonconfirmation
A Final Nonconfirmation means the government could not verify your eligibility. It happens when you don’t contest inside the deadline, when you never contact the agency in the eight-day window, or when you do contest but the agency still can’t confirm your status. A Final Nonconfirmation typically requires the employer to end the job to stay compliant with 8 U.S.C. § 1324a.13Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens
If You Get a Final Nonconfirmation
A Final Nonconfirmation isn’t always the last word. If you believe it was issued in error, you or your employer can call E-Verify at 1-888-464-4218 and request a further review. During further review, E-Verify may revisit the case and issue a Status Update Letter to the employer.14E-Verify. How to Process a Tentative Nonconfirmation (Mismatch) It won’t help in every case, but it’s worth trying when you know your records are right.
Separately, if SSA has errors in your earnings record, you can file Form SSA-7008 (Request for Correction of Earnings Record) to correct them. Fixing the underlying SSA data won’t reopen a closed E-Verify case, but it can keep the same mismatch from recurring the next time you’re hired.
If Your Employer Breaks the Rules
If your employer fires you over a pending mismatch, refuses to let you contest, demands specific I-9 documents instead of accepting any valid one, or retaliates against you for asserting your rights, you can file a complaint with the Department of Justice Immigrant and Employee Rights Section. The IER worker hotline is 1-800-255-7688, open Monday through Friday, 9 a.m. to 5 p.m. ET. You can also file a charge online through the DOJ website.15United States Department of Justice. Immigrant and Employee Rights Section Callers can stay anonymous, and interpretation services are available.16Department of Justice. Immigrant and Employee Rights Section Hotline
Checking Your Records Before Your Next Job
If you know you’ll be starting work with an E-Verify employer, you can head off a mismatch by using Self Check first. Self Check is a free, voluntary tool for anyone in the United States age 18 or older. It runs your information against the same SSA and DHS databases E-Verify uses and flags problems before they turn into a workplace issue.17E-Verify. Self Check If it finds a discrepancy, it tells you how to correct your records with the right agency. You can reach Self Check through a USCIS online account at myAccount. An employer cannot require you to run Self Check as a condition of employment; doing so could count as pre-screening, which violates the anti-discrimination provision of the Immigration and Nationality Act.