4.3 Tentative Nonconfirmation (Mismatch)

A mismatch means that the information entered into E-Verify does not match records available to DHS and/or SSA. It is possible for an employee to receive a dual mismatch, which means the case received a mismatch result from both agencies at the same time because information entered into E-Verify does not match records available to both DHS and SSA. E-Verify identifies the agency or agencies associated with the mismatch in the Further Action Notice.

NOTIFY EMPLOYEE OF MISMATCH

As the employer you must notify the employee of the mismatch result as soon as possible within 10 federal government working days after E-Verify issues the mismatch result.

NOTIFY EMPLOYEE OF MISMATCH SUMMARY

EMPLOYER ACTION

• Download and print the Further Action Notice and confirm that the information listed at the top is correct
• Privately notify employee of the mismatch
• Have employee review and confirm that his or her information listed at the top is correct
• Instruct the employee to indicate his or her decision to take action or not and to sign and date the Further Action Notice. Provide the employee with a copy of the signed Further Action Notice in English (and a translated version, if appropriate)
• Keep the original signed Further Action Notice on file with Form I-9
• Tell the employee to give you their decision by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify; and
• Close the case in E-Verify if the employee does not give you their decision whether to take action by the end of the 10th federal government working day.

EMPLOYEE ACTION WITHIN 10 FEDERAL GOVERNMENT WORKING DAYS AFTER E-VERIFY ISSUES THE MISMATCH RESULT

Within 10 federal government working days of E-Verify issuing the mismatch result, the employee must:

• Confirm that the information on the Further Action Notice is correct;
• Decide whether to take action to resolve the mismatch or not and indicate choice on the Further Action Notice;
• Acknowledge the mismatch case result by signing and dating Further Action Notice; and
• Notify the employer of your decision by the 10th federal government working day after E-Verify issued the mismatch result or the employer will close the case in E-Verify.

CONFIRM EMPLOYEE DECISION AND REFER CASE

After the employee is notified of the mismatch and decides whether to take action to resolve the case result, the employee should acknowledge the decision on the Further Action Notice. Employees who choose to take action on a mismatch are referred to DHS and/or SSA. If a dual mismatch is received, the employee will be referred to both DHS and SSA. Follow the steps outlined in the Confirm Employee Decision and Refer Case – Process Overview.

An employee has eight federal government working days to take action to begin resolving the mismatch:

• DHS MISMATCH: Call DHS to take action to begin resolving the case
• SSA MISMATCH: Visit an SSA field office to take action to begin resolving the case
• SSA citizenship MISMATCH: Call DHS or visit an SSA field office to begin resolving the case
• Dual MISMATCH: Call DHS or visit an SSA field office to take action to begin resolving the case.

Federal government working days are Monday through Friday (except for federal holidays).

Give the employee the Referral Date Confirmation from E-Verify. The Referral Date Confirmation provides the date by which the employee must call DHS and/or visit SSA. The employee should bring the Further Action Notice when he or she visits an SSA field office.

If the photos do not match during E-Verify photo matching, E-Verify will prompt the employer to upload copies of the employee’s photo document and the case may result in a mismatch. When this happens, the employer must notify the employee of the mismatch and allow the employee to choose whether to take action to resolve the mismatch. If the employee decides to take action on the photo mismatch, the employer must refer the case in E-Verify and the employee must contact DHS to begin resolving the mismatch.

CONFIRM EMPLOYEE DECISION AND REFER CASE SUMMARY

EMPLOYER ACTION

• Take next steps in E-Verify based on the employee’s decision to take action regarding the mismatch. Notify the employee to tell you their decision by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify.
• If employee decides to take action, refer the case.
• If referred:
  • Print the Referral Date Confirmation, provide it to the employee and attach a copy to the employee’s Form I-9
  • Check E-Verify for case result updates and follow steps based on case result provided.
• If the employee decides not to take action within 10 federal government working days after E-Verify issues the mismatch result, you should close the case.

EMPLOYEE ACTION

• Take next steps based on decision to take action or not
• If referred, contact DHS and/or visit an SSA field office within 8 federal government working days and present the Further Action Notice and applicable original documents listed on the Further Action Notice
• Follow DHS or SSA instructions or next steps