An E-Verify mismatch does not mean the employee is not authorized to work — and unlike a background check, a TNC often results from data entry errors or name changes SSA has not processed your employee is unauthorized to work. It means the information entered into E-Verify did not match records held by the Social Security Administration (SSA) or the Department of Homeland Security (DHS). Mismatches happen for dozens of reasons — a name change SSA hasn't processed, a transposed digit in a Social Security number, or even a system error on the government's end.
What matters is what you do next. Employers who mishandle a Tentative Nonconfirmation (TNC) face discrimination complaints, fines, and potential debarment from government contracts. This guide walks you through the entire process — from the moment you see a mismatch result in E-Verify to final case resolution — with the exact timelines, employer obligations, and penalties you need to know.
A Tentative Nonconfirmation — commonly called a TNC or mismatch — is an E-Verify case result indicating that the employee's information does not match government records. E-Verify checks employee data against two databases:
When information doesn't match either database, E-Verify returns a mismatch result. An employee can receive an SSA mismatch, a DHS mismatch, or a dual mismatch (both agencies at the same time).
An SSA mismatch can occur because:
SSA mismatches are the most common type. Many are caused by simple data entry errors or unreported name changes — not work authorization issues.
A DHS mismatch can occur because:
An employee can receive a dual mismatch when information does not match records at both DHS and SSA simultaneously. In this case, the employee must contact both agencies to resolve the mismatch — calling DHS and visiting an SSA field office within the required timeframe.
E-Verify has periodically issued alerts when system errors generate incorrect mismatch results. The most significant was an SSA mismatch case issue that affected employers nationwide, where E-Verify issued SSA Tentative Nonconfirmation results that may not have reflected actual record discrepancies.
If you received this alert, here is what to do:
System errors are one of the reasons employers must never assume a mismatch means an employee is unauthorized. The government's own databases can produce incorrect results.
The E-Verify Memorandum of Understanding (MOU) requires employers to follow a specific process when a mismatch occurs. Skipping steps or acting outside the required timelines creates legal liability.
When E-Verify returns a mismatch result, the system generates a Further Action Notice. Download and print this notice immediately. It is available in English (default) and Spanish. If the employee's primary language is not English and they have limited ability to read or understand English, download the translated version available in E-Verify.
The Further Action Notice tells the employee:
Review the Further Action Notice with the employee in private. This is a legal requirement — mismatch results must not be discussed in front of other employees or in a public setting.
If the employee cannot read, the employer must read the notice to them. The employee must sign and date the notice in English. Provide the employee with a copy and attach the original signed notice to the employee's Form I-9.
Delivery options: You can provide the Further Action Notice in person, by fax, email, or overnight/next-day delivery — as long as you take proper data protection precautions.
Timeline: Notify the employee as soon as possible, but no later than 10 federal government working days after E-Verify issued the mismatch result. Federal government working days are Monday through Friday, excluding federal holidays.
The employee has a choice: take action to resolve the mismatch, or decline. The employee must indicate their decision by the end of the 10th federal government working day after E-Verify issued the mismatch.
If the employee chooses to take action, click "Continue" in E-Verify to refer the case. This generates a Referral Date Confirmation that specifies the deadline by which the employee must contact DHS and/or visit SSA. Provide this confirmation to the employee.
Important: Download the Further Action Notice before referring the case. Once referred, the notice may no longer be available for download.
After referral, the employee has 8 federal government working days to begin resolving the mismatch:
After the case is referred, check E-Verify periodically for updates. DHS responds to most cases within 24 hours, but SSA and DHS have up to 10 federal government working days from the referral date to update the case result.
Possible outcomes:
Our compliance team has handled thousands of TNC cases over 27 years. If you need expert guidance on a mismatch — whether it's your first or your hundredth — schedule a free compliance call with our team. We'll walk you through the process and make sure you stay compliant.
This is where employers get into trouble. Federal law and the E-Verify MOU strictly prohibit adverse actions against employees during the mismatch resolution process.
Employers may NOT:
These protections apply from the moment the mismatch is issued until it is resolved — whether through Employment Authorized, Final Nonconfirmation, or the employee's decision not to contest.
The Department of Justice Immigrant and Employee Rights Section (IER) enforces anti-discrimination provisions related to E-Verify. During the TNC process, employers may not:
Employees who believe they were discriminated against during the E-Verify process can file complaints with the DOJ Immigrant and Employee Rights Section:
"The most common mistake I see is employers panicking and pulling someone off the schedule the day they get a mismatch," says Patricia Duarte, Director of Compliance at i9 Intelligence. "That's exactly what you cannot do. The employee has every right to keep working while the mismatch is being resolved — and if you treat them differently because of it, you're the one facing penalties."
A case enters "Case in Continuance" status when the employee has contacted DHS or visited SSA, but the agency needs more than 10 federal government working days to provide a final result. This is not a negative outcome — it simply means the review is ongoing.
During Case in Continuance, the employer:
E-Verify issues a Final Nonconfirmation when it cannot confirm the employee's work authorization. This happens when:
After a Final Nonconfirmation:
DHS No Show is a specific type of Final Nonconfirmation. It is issued when the employee did not contact DHS to resolve the case and 10 federal government working days have passed since the referral date. The employer may terminate employment after receiving this result.
E-Verify triggers photo matching only when the employee presents one of four documents:
When photo matching is triggered, E-Verify displays a photo for the employer to compare against the employee's physical document. The photos should be identical — same clothing, hairstyle, facing direction, and general appearance.
If the photos do not match, the employer selects "No Match" in E-Verify, which triggers a DHS Tentative Nonconfirmation. The resolution process follows the same steps as any other DHS mismatch, with one addition: the employer must upload a copy of the employee's photo document to DHS when referring the case.
Critical rule: Employers must NOT ask or require employees to present documents that trigger photo matching. Employees always have the right to choose which acceptable documents they present for Form I-9 verification.
Many mismatches are preventable. These are the most common data entry errors that cause E-Verify to return a TNC result:
Name errors:
Number errors:
Status errors:
Document errors:
Prevention tip: Double-check every field against the employee's physical documents before submitting the E-Verify case. One transposed digit creates a mismatch that takes days or weeks to resolve.
Employers face penalties from multiple agencies for E-Verify and I-9 violations:
Anti-discrimination violations (DOJ/IER):
E-Verify MOU violations:
I-9 verification violations:
Pattern or practice violations can trigger criminal penalties including fines and imprisonment.
For federal contractors and subcontractors, E-Verify violations can result in debarment — losing the ability to bid on or hold government contracts.
A "mismatch case issue" alert means E-Verify identified a system-level problem that may have caused incorrect mismatch results. When this happens, USCIS issues an alert directing employers to review affected cases. The most common scenario involves SSA database issues that generate Tentative Nonconfirmations for employees whose records are actually correct. If you received this alert, log into E-Verify, review your open cases, and contact the E-Verify Contact Center at 888-464-4218 for guidance on specific cases.
No — not while the TNC is being resolved. Terminating an employee based on a mismatch result before the process is complete violates the E-Verify MOU and federal anti-discrimination law. You must allow the employee to decide whether to take action and, if they choose to contest, give them the full 8 federal government working days to contact DHS or visit SSA. Only after a Final Nonconfirmation may the employer terminate employment.
The full process can take anywhere from a few days to several weeks. After referral, the employee has 8 federal government working days to contact DHS or visit SSA. The agencies then have 10 federal government working days to update the case. If more time is needed, the case enters "Case in Continuance" status. Most cases resolve within 2–3 weeks, but complex cases can remain in continuance for 60 or more working days.
A Tentative Nonconfirmation (TNC) is the initial mismatch result — it means information didn't match, and the employee has an opportunity to resolve it. A Final Nonconfirmation means E-Verify could not confirm the employee's work authorization after the resolution process. A TNC is the starting point; a Final Nonconfirmation is the endpoint that allows the employer to terminate.
The employee should bring their Further Action Notice (provided by the employer) and any applicable original documents — such as their Social Security card, birth certificate, U.S. passport, or immigration documents. The Referral Date Confirmation specifies the deadline by which the employee must visit SSA. Visiting a field office in person is required for SSA mismatches — phone calls to SSA are not sufficient.
Our compliance team has 27 years of experience handling E-Verify issues for employers across every industry. Whether you're dealing with your first TNC or managing E-Verify across hundreds of locations, we can help.
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