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 mismatchresult 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 mismatchor 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.
IMPORTANT: Download the Further Action Notice before referring 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 SSAinstructions or next steps
FAQs
What information is required to create an E-Verify case? A completed Form I-9 is required to create an E-Verify case. The employer or employer agent creates a case by inputting information from sections 1 and 2 of the Form I-9. E-Verify provides an initial case result within 3-5 seconds.
What is the 3 day rule for E-Verify? ›
E-Verify allows for a full three days from this recorded case creation date when computing if a case is created within three days of the hire date. Employers may attach a note on the Form I-9 indicating time zone discrepancy for cases that may appear late.
What does employee referred mean on E-Verify? ›
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 if he or she chooses to take action.
Do you have to notify all employees of your participation in E-Verify? ›
RULES AND RESPONSIBILITIES OVERVIEW
Notify prospective employees and all employees, including those hired to work in a remote setting of E-Verify participation by clearly displaying the Notice of E-Verify Participation and the Right to Work posters in English and Spanish.
What documents are required for E-Verify? ›
Make a copy of all U.S. passports, passport cards, Permanent Resident Cards (Form I-551) and Employment Authorization Documents (Form I‑766) presented by employees and retain them with Form I-9. The photo will display automatically in E-Verify during the verification process.
How do employers verify work authorization? ›
Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and noncitizens.
What is the downside of E-Verify? ›
False Positives and Negatives: E-Verify is not foolproof, and errors can occur. The system may sometimes flag individuals who are authorized to work (false positives) or fail to identify unauthorized workers (false negatives).
What happens if I-9 is not completed in 3 days? ›
See Section 4.5, Remote Document Examination (Optional Alternative Procedure to Physical Document Examination) requirements. You may terminate an employee who fails to present acceptable documentation (or an acceptable receipt for a document) within three business days after the date employment begins.
What states is E-Verify mandatory? ›
Currently, 22 states—Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia—require the use of E-Verify for at least some public and/or ...
Why would an employer not use E-Verify? ›
E-Verify system may generate false positives by flagging authorized employees as unauthorized, this can create challenges for employees. On the other hand, the E-Verify system may not flag unauthorized employees, this can create challenges for employers.
If you decide not to take action to resolve the mismatch: Your employer may terminate your employment and there are no additional steps for you. You must tell your employer whether you will take action to resolve the mismatch within 10 federal government working days after E-Verify issued the mismatch case result.
Are employers required to close every E-Verify case? ›
To properly complete the E-Verify process, employers must close every case they create, except for cases that result in Employment Authorized, which E-Verify will automatically close. Follow the steps outlined in the Close Case – Process Overview.
Does E-Verify show pictures? ›
Make a copy of all U.S. passports, passport cards, Permanent Resident Cards (Form I-551) and Employment Authorization Documents (Form I‑766) presented by employees and retain them with Form I-9. The photo will display automatically in E-Verify during the verification process.
Can you run existing employees through E-Verify? ›
E-Verify does not allow employers, other than federal contractors with a federal contract that contains the FAR E-Verify clause, to verify their existing employees.
Do you have to run a rehire through E-Verify? ›
Rehire after three years
If you rehire a former employee when three years has passed since the original Form I-9 was completed, you should treat as a new employee. You will complete Form I-9 again and verify the new hire in E-Verify.
What documents do you need for I-9 verification? ›
Documents that Establish Both Identity and Employment Authorization
- U.S. Passport or U.S. Passport Card.
- Permanent Resident Card or Alien Registration Receipt Card (Form I-551) ...
- Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.
Timely completion of the I-9 form and submission to E-Verify is more important than you might think. It pays to understand all E-Verify deadlines, but the E-Verify Three Day Rule is especially important. Failure to complete the form and verify according to law and the MoU has resulted in substantial fines to employers.
Do employers have to submit an I9? ›
All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or other type of payment.
Do employers have to physically examine I-9 documents? ›
Employers receive at least three business days to produce the Form(s) I-9 requested in the NOI. Currently, employers who physically examine the documentation presented by new employees may choose to make and retain copies or scans of the documentation presented by employees for the purpose of completing the Form I-9.
