A mismatch case result means that the information entered into E-Verify does not initially 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 did not match records available to both DHS and SSA. A mismatch does not necessarily mean that the employee is not authorized to work in the United States; however, additional action is required to resolve the issue. If the case results in a mismatch in E-Verify, below is a summary of the actions you, your client and the employee must take to complete the referral process as soon as possible within 10 federal government working days after E-Verify issued the mismatch result.
Employers may not terminate or take any other adverse action against an employee (such as denying work, delaying training, withholding pay, or otherwise assuming that he or she is not authorized to work) because of the mismatch, until the mismatch becomes a Final Nonconfirmation.
E-VERIFY EMPLOYER AGENT ACTION
- Notify the client of the mismatch case result.
- Instruct the client to notify the employee that they must tell you their decision as soon as possible by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify.
- Print the Further Action Notice and send it to the client.
- Instruct the client to review the Further Action Notice privately with the employee.
- Instruct the client to have the employee indicate on the Further Action Notice whether or not he or she will take action to resolve the mismatch.
- Instruct the client to have the employee sign and date the Further Action Notice printed in English, and then provide the employee a copy of the Further Action Notice in English (and a translated version, if appropriate).
- Instruct the client to keep the original signed Further Action Notice on file with Form I-9.
- Take next action based on the employee’s decision to take action or not regarding the mismatch.
If the employee will take action to resolve mismatch:
- Print the Referral Date Confirmation and provide it to the client.
If the employee does not give the client their decision within 10 federal government working days:
- Close the case in E-Verify. DHS will update the employee’s case with a final case result of Final Nonconfirmation.
- Indicate whether the employee is no longer employed or the employee will continue to work for the client.
THE CLIENT'S ACTION
- Review the Further Action Notice privately with the employee.
- Have the employee indicate whether they will take action to resolve the mismatch on the Further Action Notice by the end of the 10th federal government working day after E-Verify issued the mismatch.
- Instruct employee to sign and date the Further Action Notice.
- Provide a copy of the signed Further Action Notice to the employee.
- Keep the original signed Further Action Notice on file with the employee's Form I-9.
- Send a copy of the signed Further Action Notice to the E-Verify employer agent.
- If the employee chooses to take action to resolve the mismatch, provide him or her with the Referral Date Confirmation.
- Instruct the employee that they must tell you their decision as soon as possible by the 10th federal government working day after E-Verify issued the mismatch result or you will close the case in E-Verify.
THE EMPLOYEE'S ACTION
- Decide whether to take action to resolve the mismatch and indicate the choice on the Further Action Notice by the end of the 10th federal government working day after E-Verify issued the mismatch.
- Acknowledge receipt of mismatch by signing and dating the Further Action Notice.
- Take next action based on decision to take action or not to resolve the mismatch.
- Notify the employer of your decision by the 10th federal government working day after E-Verify issued the mismatch result or they will close the case in E-Verify.
If employee will take action to resolve the mismatch:
- Contact DHS or visit an SSA field office with a copy of the Further Action Notice within 8 federal government working days.
Related Resources
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