E-Verify Tentative Nonconfirmation: Employer Response Guide

An E-Verify tentative nonconfirmation, also called a mismatch, means information submitted for an employee did not match records available to the Social Security Administration (SSA) or Department of Homeland Security (DHS). It is not a finding that the employee is unauthorized to work.

For employers, the immediate task is procedural: review the case, notify the employee privately, give them the opportunity to resolve the mismatch, and follow E-Verify’s instructions. Do not turn a pending mismatch into an employment decision.

Here is a practical workflow for HR teams handling these cases across recruiters, onboarding staff, payroll, and local managers.

What causes an E-Verify tentative nonconfirmation?

A mismatch can arise from an employer’s data-entry error, a name change that has not reached an agency’s records, or another discrepancy involving identity or immigration information. Some cases involve photo matching.

The result itself does not establish the cause. Avoid guessing that an employee supplied false information or that a document is invalid.

E-Verify identifies the agency involved and provides case-specific instructions. Some mismatches involve SSA, some involve DHS, and some involve both. The employer should follow the actual case result rather than use the same response for every mismatch.

Step 1: Review the case for an entry error

Compare the information submitted to E-Verify with the employee’s completed Form I-9. Check names, dates, document numbers, and other entered information carefully.

If you discover an employer entry error, follow E-Verify’s instructions for correcting the situation. Depending on the case stage, that may mean closing the incorrect case and creating a new one with accurate information.

Do not create repeated cases simply to try to obtain a different result. A new submission is not a substitute for the mismatch resolution process.

If the underlying Form I-9 contains an error, use the appropriate I-9 correction procedure as well. Do not silently overwrite the record or backdate a correction.

Step 2: Notify the employee privately

If the mismatch requires employee action, download the Further Action Notice from the case. Review it with the employee in private and provide a copy.

The notice explains the mismatch, the employee’s rights, and the choice to take action to resolve it. Use available translated materials when helpful, while following E-Verify’s instructions for the official notice and signatures.

E-Verify generally requires the employer to notify the employee and record the employee’s decision within 10 federal government working days after the mismatch is issued. Confirm the current requirements in the case prompts and the official E-Verify mismatch guidance.

Federal government working days exclude weekends and federal holidays. Do not treat that deadline as 10 calendar days—or assume it starts whenever a manager happens to read an email.

Use neutral language

A useful explanation is:

“E-Verify returned a mismatch between the information submitted and government records. This does not mean you are unauthorized to work. This notice explains your options and how to take action to resolve it.”

Avoid statements such as “You failed E-Verify” or “Your documents are fraudulent.” Neither conclusion follows from a tentative nonconfirmation.

Step 3: Record the employee’s choice and refer when appropriate

The employee decides whether to take action to resolve the mismatch. HR should explain the process without pressuring the employee in either direction.

If the employee chooses to take action:

1. Record the decision in E-Verify as instructed.
2. Refer the case through E-Verify.
3. Give the employee the Referral Date Confirmation.
4. Explain that it identifies the agency contact deadline and next steps.
5. Keep the required notices with the verification record.

The employer’s notification deadline and the employee’s agency contact deadline are different. Use the date on the Referral Date Confirmation rather than calculating from the hire date or the day a supervisor received the notice.

If the employee chooses not to take action, enter that choice accurately and follow the resulting case instructions. If the employee does not respond, follow the current E-Verify process for that situation; do not prematurely record silence as a decision not to resolve the mismatch.

Step 4: Protect the employee while resolution is pending

While an employee is taking action to resolve a mismatch, the employer must not take adverse action because of that mismatch.

Examples of prohibited mismatch-based actions include:

• Terminating or suspending the employee.
• Delaying training or the employee’s start date.
• Reducing hours or pay.
• Withholding pay.
• Requiring additional documents to prove work authorization.

The employee must be allowed to continue working while the case is being resolved. A pending mismatch is not permission to put someone on unpaid leave until the system returns a favorable result.

This does not prevent ordinary employment decisions for legitimate reasons unrelated to the mismatch. However, document those reasons carefully and seek qualified guidance when an unrelated issue overlaps with a pending case.

Step 5: Monitor the case until it reaches an outcome

Assign a named owner to check the case and complete any requested employer actions. A referral is not the end of the employer’s responsibility.

An employee may contact the agency on time without receiving an immediate final result. Follow the displayed case status and any continuance instructions. Do not impose an internal cutoff merely because resolution takes longer than expected.

If the result becomes Employment Authorized, follow the system’s instructions for completion and retain the verification information with the I-9 record.

A Final Nonconfirmation is different from a tentative nonconfirmation. Follow the current E-Verify instructions, your employer agreement, and applicable employment requirements before deciding next steps. Obtain legal guidance if the outcome or employment response is unclear, and complete any required case closure.

Build a workflow that prevents avoidable mistakes

For high-volume employers, missed handoffs can be as disruptive as misunderstood rules. Maintain a restricted-access tracker containing:

• Case number and date the mismatch was issued.
• Assigned case owner and backup.
• Employee notification date and decision.
• Referral date and agency contact deadline.
• Current status, next review date, and final outcome.

Keep sensitive notices out of shared scheduling files. Give supervisors only the information they need, including clear instructions not to change employment conditions because of a pending mismatch.

Standardized ownership and documentation help prevent inconsistent treatment across locations. Trak’s Form I-9 and E-Verify services can support employers seeking a more consistent verification process.

This article provides practical information, not legal advice. Confirm current E-Verify requirements and consult qualified counsel about case-specific employment decisions.

Need help managing verification across a high-volume workforce? Contact Trak Services to discuss your I-9 and E-Verify workflow.