How to Handle E-Verify TNC Mismatch Results

What Is a Tentative Nonconfirmation?

A Tentative Nonconfirmation—now called a "Mismatch" by E-Verify—occurs when the information entered into E-Verify doesn't match records available to the Department of Homeland Security (DHS) or the Social Security Administration (SSA). This is the second most common case result after "Employment Authorized."

A mismatch doesn't mean your employee is unauthorized to work. It simply means the system couldn't confirm eligibility based on the information provided, and further action is needed. Importantly, employers must give the employee an opportunity to resolve the mismatch—this is a legal requirement designed to ensure fair treatment and due process.

In some cases, E-Verify may issue a dual mismatch, meaning the information doesn't match records at both DHS and SSA simultaneously. The Further Action Notice will identify which agency or agencies are involved.

Required Steps After Receiving a Mismatch

You have 10 federal government working days from the date E-Verify issues the mismatch to complete the following steps:

Step 1: Notify the Employee

Inform your employee of the mismatch result as soon as possible.

Step 2: Provide the Further Action Notice

Give your employee a printed copy of the Further Action Notice generated by E-Verify.

Step 3: Review the Notice Together

Meet with your employee privately to review the Further Action Notice. Have them verify whether the personal information listed at the top of the notice is correct.

• If the information is incorrect, close the case in E-Verify by selecting the option indicating the information was not correct, then create a new case with the corrected information.
• If the information is correct, proceed to the next step.

Step 4: Ask the Employee's Decision

Inform your employee that they have 10 federal government working days from the date E-Verify issued the mismatch to tell you whether they will take action to resolve it. This is their choice—they may contest or decline to contest.

Step 5: Close the Case if No Decision

If the employee doesn't provide a decision by the end of the 10th working day, you must close the case in E-Verify. Refer to the E-Verify User Manual for instructions on properly closing cases.

Note that E-Verify monitors compliance with these requirements and will notify employers who fail to follow proper procedures.

Common Causes of Mismatches

DHS Mismatches

A case can result in a mismatch with DHS because:

• The employee's name, Alien Number, I-94 number, or foreign passport number is incorrect in DHS records
• U.S. passport, passport card, driver's license, state ID, or foreign passport information could not be verified
• DHS records weren't updated after a status change
• Citizenship or immigration status changed
• The employer entered information incorrectly

SSA Mismatches

A case can result in a mismatch with SSA because:

• The employee hasn't updated their citizenship or immigration status with SSA
• The employee didn't report a name change to SSA
• The employee's name, Social Security number, or date of birth is incorrect in SSA records
• The employer entered information incorrectly

Before You Proceed: Check Your Data Entry

Many mismatches result from simple data entry errors. Before notifying the employee, double-check Section 1 (as well as corresponding data in Section 2) of the Form I-9 and the information you entered into E-Verify. Common mistakes include:

• Transposing first and last names
• Mistyping the Social Security number
• Entering an incorrect date of birth

If you find an error, close the case, select the statement indicating the information was incorrect, and create a new case with the correct information. This may resolve the issue without requiring any action from the employee.

Key Reminders

Throughout this process, remember:

• You cannot take adverse action against the employee—such as termination, suspension, or withholding pay—based solely on a mismatch result while the case is pending.
• The employee has the right to continue working during the resolution process.
• All discussions about the mismatch should be conducted privately.
• Document each step in case of an audit.

To review your current TNC handling procedures and ensure your team is following E-Verify requirements, schedule a free consultation with our I-9 compliance specialists.