I continued to employ an employee who chose not to take action to resolve a Tentative Nonconfirmation (mismatch). Can the employee later decide to take action? Should I create a new E-Verify case?

If the employee chooses not to take action on the DHS or SSA mismatch, the case automatically becomes a Final Nonconfirmation (FNC) and you should close the case in E-Verify. Do not create a new case for the employee.

If an employee receives an FNC that they believe to be in error, they may contact the E-Verify Contact Center. E-Verify will review the case and, if appropriate, issue an FNC Status Update letter indicating if the employee is employment authorized. The employer is the only one who will receive this letter. The case result in the letter will become the new result and employers should keep a copy with the Form I-9, as E-Verify will not electronically update the record.