A case receives a Final Nonconfirmation case result when E-Verify cannot confirm an employee’s employment eligibility after:

  1. The employee has contacted DHS or visited an SSA field office during the mismatch referral process;
  2. The employee failed to call DHS and/or visit an SSA field office within 8 federal government working days; Or
  3. The employee did not give the employer their decision whether or not to take action by the end of the 10th federal government working day after E-Verify issued the mismatch result.

Employers must close the case once a case receives a Final Nonconfirmation result. The employer may terminate employment based on a case result of Final Nonconfirmation with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A, paragraph 13 of the MOU.

Screenshot of E-Verify's close case prompt indicating Final Nonconfirmation

Final Nonconfirmation Summary

EMPLOYER ACTION

  • Receive Final Nonconfirmation case result
  • Close case

EMPLOYEE ACTION

  • None
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