E-Verify and Tentative Nonconfirmations: What to Do

If you got a Tentative Nonconfirmation (TNC) from E-Verify, it does not mean you are unauthorized to work. It means the information your employer entered didn't immediately match records at the Social Security Administration (SSA) or the Department of Homeland Security (DHS). You have the right to contest it, you have the right to keep working while you do, and there are firm deadlines you should not miss.

What E-Verify actually is

E-Verify is a federal system that lets participating employers check the information from your Form I-9 against SSA and DHS databases to confirm you're authorized to work in the United States. Not every employer uses it — some are required to (for example, certain federal contractors or employers in states with E-Verify mandates), and others enroll voluntarily. E-Verify compares data, it does not independently investigate your immigration history, so it can and does produce mismatches for people who are completely eligible to work, including U.S. citizens.

Why a work-authorized person can still get a TNC

A TNC is a data problem, not necessarily a status problem. Common causes include:

• A recent legal name change (marriage, divorce, court order) that hasn't been updated with SSA yet.
• A typo by the employer when entering your name, date of birth, Social Security number, or document number.
• An SSA record that contains an error from years ago that no one ever corrected.
• A DHS record that hasn't been updated after a status change, a new document, or a recent naturalization.
• An Employment Authorization Document (EAD) that has expired or is tied to a renewal that is still pending — this is a frequent trigger for DACA recipients and other EAD holders, which is one more reason to file a renewal well before your current EAD expires.

None of these mean you did anything wrong. They mean a record somewhere needs to be corrected or updated.

Your rights during the TNC process

• You choose whether to contest. Your employer must tell you privately about the mismatch and give you a printed Further Action Notice that explains whether it's an SSA or DHS mismatch and what your options are.
• You keep working. As long as you are taking steps to resolve the mismatch (or the decision period hasn't run out), your employer cannot fire you, cut your hours, delay a start date or training, withhold pay, or otherwise treat you as unauthorized simply because a case is pending.
• Your employer cannot pressure you not to contest. An employer cannot take any adverse action against you specifically because you decided to contest a TNC.
• You cannot be asked for different or "extra" documents because of a TNC, and you cannot be treated differently because of your citizenship status or national origin. That kind of conduct can be reported as employment discrimination.

The deadlines — do not let these pass

E-Verify timelines are counted in federal government working days (weekdays, excluding federal holidays), not calendar days. Confirm the exact dates on your own notice, since they are calculated for your specific case, but the general framework is:

1. Tell your employer your decision. After your employer notifies you of the mismatch, you generally have about 10 federal government working days to read the Further Action Notice and tell your employer whether you will take action to resolve it. If you don't respond, your employer may terminate your employment.
2. If you contest, the case is referred to SSA or DHS. Your employer refers the case in E-Verify, which generates a referral date confirmation showing the deadline by which you must act.
3. Contact SSA or DHS. From the referral, you generally have about 8 federal government working days to visit an SSA field office in person (for an SSA mismatch) or contact DHS by phone or online (for a DHS mismatch).
4. Wait for a resolution. SSA or DHS then works to update the case result, and your employer is expected to check E-Verify periodically for the outcome.

If you miss your window without acting, or if the agency cannot confirm your authorization, the case can become a Final Nonconfirmation, and an employer may then terminate employment. Don't let a mismatch sit — act inside the windows on your notice.

What to do, step by step

1. Read the Further Action Notice carefully. It tells you whether this is an SSA mismatch or a DHS mismatch — the fix is different for each — and it lists the deadlines and contact information for your specific case.
2. Decide to contest if you believe the information is accurate or fixable. Almost always, taking action is the right move if you are in fact eligible to work — walking away or resigning can hand the employer a reason to end the job unnecessarily.
3. For an SSA mismatch: Go in person to a local Social Security office with identity documents (and proof of any name change, such as a marriage certificate or court order, if that's the issue). Bring your referral date confirmation. SSA staff can correct the record.
4. For a DHS mismatch: You can create a free myE-Verify account at myeverify.uscis.gov and upload the relevant document(s), but you generally must also call the DHS phone number listed on your notice to complete the process — uploading documents alone does not close the case. If your EAD or other DHS document has expired, you'll need to address the renewal directly with USCIS.
5. Keep everything. Save the Further Action Notice, the referral date confirmation, any receipt or confirmation from SSA/DHS, and notes of who you spoke with and when.
6. Keep working and keep records of your treatment at work. If your employer sends you home, reduces your hours, or otherwise treats you adversely while your case is pending, write down dates and what happened.
7. Check your case status through your myE-Verify account or by asking your employer, since the employer — not you — typically closes out the case once SSA/DHS responds.

If your employer breaks the rules

If you are fired, demoted, or otherwise treated adversely because you're contesting a TNC, or because of your citizenship status, immigration status, or national origin, this can be a violation of the E-Verify rules and, in some cases, federal anti-discrimination law. You can report suspected violations to the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section (IER). Official guidance and current contact information are available at e-verify.gov and uscis.gov.

A note for DACA recipients and other EAD holders

Because DACA and many other work permissions run on Employment Authorization Documents with expiration dates, a lapsed or slow-to-process renewal is one of the more common, entirely fixable reasons for a DHS mismatch. Filing your renewal early — well before your current EAD expires — and keeping your receipt notice on hand can prevent a TNC from turning into a real gap in your ability to work. Program rules and filing windows can change, so confirm current DACA and EAD renewal guidance directly at uscis.gov before you rely on any specific timeline.

Avoiding scams while you sort this out

Be cautious of anyone — including a so-called "notario," immigration consultant, or unaccredited preparer — who offers to fix your SSA or DHS records for a fee, promises a guaranteed outcome, or tells you to sign paperwork you don't fully understand. Only SSA, DHS/USCIS, a licensed immigration attorney, or a representative accredited by the Department of Justice can properly help you correct these records or represent you in immigration matters.

This article is general information, not legal advice, and does not create an attorney-client relationship. If your case is complicated, you're facing termination, or you're unsure about your options, consult a qualified immigration attorney or a DOJ-accredited representative.