E-Verify is an internet-based system operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It allows enrolled employers to confirm the eligibility of their employees to work in the United States by electronically verifying information provided on the Form I-9 against records available to the DHS and SSA. E-Verify helps employers maintain a legal workforce and is a key tool in ensuring compliance with U.S. immigration laws.

As part of the E-Verify program, employers are required to create a case and submit information from an employee’s Form I-9 (Employment Eligibility Verification) into the E-Verify system within three business of the new hire’s first day of employment. Employers must ensure the information is entered accurately and respond promptly to any Tentative Nonconfirmations by notifying the employee and providing instructions for resolving the issue. Employers are also prohibited from taking adverse action against an employee based solely on a Tentative Nonconfirmation result and must follow strict timelines and procedures to remain compliant with program requirements.

Recently, E-Verify identified a technical issue impacting Tentative Nonconfirmation cases, which may have led to incorrect Final Nonconfirmation results for certain employees – prompting the need for immediate employer action.

Overview: E-Verify Mismatch Case Issue

E-Verify has identified a technical issue impacting the SSA mismatch cases, also known as Tentative Nonconfirmations, referred between April 9, 2025 and May 5, 2025. This also includes dual SSA and DHS mismatches where the employee attempted to resolve the issue with SSA but not with DHS.

As a result of the system error, certain cases may have incorrectly received a Final Nonconfirmation even though the employee took the necessary steps to resolve the mismatch at an SSA office.

Employer Action Required Per Instructions Provided by E-Verify: 

• For any cases that received a Final Nonconfirmation after an SSA or Dual SSA and DHS mismatch, for cases referred from April 9 to May 5, 2025, create a new E-Verify case.
• If you have already created a new case and received an Employment Authorized result for an affected employee, no further action is needed.

If you have questions about how this E-Verify issue may impact your organization or need guidance on next steps, please don’t hesitate to schedule a consultation to ensure you remain compliant.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and manages the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. Krystal guides clients from a variety of industries through the maze of the PERM Labor certification process and has handled thousands of PERM applications throughout her career with Reddy Neumann Brown PC. Krystal also guides employers and individuals through the I-140 and Adjustment of Status process, and assists clients with temporary work visa petitions (e.g., H-1B, TN, L-1, E-2). With over 13 years of immigration experience, Krystal is able to advise her clients with confidence and recognize any potential pitfalls that may arise.