E-Verify is a key tool for employers in the United States, allowing them to verify the eligibility of their employees to work legally. However, there are instances when the E-Verify system may return a mismatch or non-confirmation status for an employee’s information. Employers need to understand how to handle these situations to ensure they maintain compliance with immigration laws and ensuring a smooth employment process. In Florida, E-verify is mandatory for employers with 25 or more employees.
E-Verify is a free online system managed by the U.S. Citizenship and Immigration Services (USCIS) that allows employers to confirm the work authorization of their employees. After entering an employee’s information, the system compares the data against records from the Social Security Administration (SSA) and the Department of Homeland Security (DHS). If the information matches, the employee is confirmed as eligible to work “employment authorized”. However, if there is a discrepancy, the employer receives a mismatch or non-confirmation notice. Here are the steps to Handle Mismatches or Non-Confirmations in E-verify.

1. Re-verify results: Carefully review the details to understand the nature of the mismatch. Common causes include typographical errors, name changes, or discrepancies in Social Security numbers. Use the employee’s full legal name from his/her documents.
2. Notify the Employee: Give the employee an opportunity to resolve the discrepancy. They may need to contact the SSA or DHS to correct their records. Employers should notify the employee within 10 federal working days.
3. Provide Notice of Action letter: Gve your employee a copy of the Further Action Notice from E-verify. Review the Further Action Notice with your employee in private and have them confirm whether the information listed at the top is correct. If information is correct, tell the employee they have 10 federal working days from the date of the mismatch letter to notify you whether they will take action to resolve the mismatch.
4. Close the E-verify Case: If your employee does not give you their decision by the end of the 10th federal government working day after E-Verify issued the mismatch, then you close the case.  Please see E-Verify User Manual for more information on closing cases in E-Verify. If an employee is unable to resolve the conflict, termination of employment should occur.

Read more about these steps on E-verify, including common FAQs and related Resources for Employers. Remember, employers are not allowed to complete E-verify checks before the employee is hired. Consultstu provides fractional HR services to small/mid businesses.