Employment eligibility verification can trip up even experienced HR teams. Most employers understand the basics of what E-Verify is, but when the system flags an E-Verify mismatch known as a tentative nonconfirmation, the stakes are real.
This guide breaks down what it means and exactly how employers must respond.
What Is a Tentative Nonconfirmation?
Tentative nonconfirmation meaning is simple: an E-Verify mismatch occurs when Form I-9 information doesn't match government records. That's a data discrepancy, not a determination of unauthorized status.
Per USCIS, tentative nonconfirmation is a preliminary flag and not a final ruling. Your next steps, depend on the type of mismatch involved: DHS issue or SSA mismatch.
DHS vs. SSA: The Two Types of E-Verify Mismatches
The type of E-Verify mismatch you're facing determines who the employee must contact to resolve it.
SSA Mismatch
An E-Verify SSA mismatch case arises when employee data doesn't align with Social Security Administration records. Common causes include:
- A name change not reported to SSA
- Errors in name, date of birth, or Social Security number
- Citizenship or immigration status not updated
The employee must visit their local SSA field office to fix the discrepancy.
DHS Mismatch
This involves passport number errors, I-94 discrepancies, or photo ID mismatches. In this case, the employee needs to contact DHS directly.
In some cases, E-Verify may display “E-Verify needs more time” while DHS reviews the submission. No additional employer action is required during that period.
Employer Responsibilities: The 10-Day Window
Regardless of whether you're facing a DHS issue or an E-Verify mismatch case issue with the SSA, USCIS requires employers to act within 10 federal government working days of a tentative nonconfirmation being issued.
- Privately notify the employee in a confidential setting, never in front of colleagues.
- Provide the E-Verify Further Action Notice (FAN). It outlines the mismatch and employee options.
- Review the E-Verify Further Action Notice with the employee and collect their signature. Confirm all details are accurate.
- Ask whether they want to contest. This is their decision, not yours.
- If contesting, issue the Referral Date Confirmation with agency details and their deadline.
- Continue employment as normal. No adverse action is allowed, period.
Staying organized helps simplify your hiring process and protects you if questions arise later, especially for teams onboarding and managing new hires remotely.
Can An Employee Work with a Tentative Nonconfirmation?
Absolutely, which surprises many employers. As long as they're actively contesting the tentative nonconfirmation, employment must continue without interruption.
According to the EEOC, while an E-Verify mismatch is pending and the E-Verify further action notice is being processed, employers cannot:
- Terminate or suspend the employee
- Withhold or reduce pay
- Delay their start date or training
- Modify their work schedule
Violating these protections can trigger discrimination claims and undermine a commitment to diversity hiring.
If the Employee Chooses to Contest
If they decide to contest, here's what to do:
- Refer the case and generate the Referral Date Confirmation in E-Verify
- Re-issue the E-Verify Further Action Notice and confirm the employee understands the next steps
- Remind them they have 8 federal working days to contact DHS or SSA
For an E-Verify mismatch case issue SSA, the employee visits their local SSA field office. DHS cases are resolved by calling 1-888-897-7781 or through a My E-Verify account.
Continue employment throughout. DHS typically responds within 24 to 72 hours, with longer cases showing as "Case in Continuance."
If the Employee Chooses Not to Contest
Not every employee will act. If they don't:
- Update E-Verify to reflect their decision
- Follow your standard, lawful termination procedures
- Document the TNC notice, the E-Verify Further Action Notice, and the case closure
In an E-Verify mismatch case issue SSA situation, SSA records can take time to update, which makes thorough documentation especially critical. Employees who don't contest an E-Verify mismatch are considered ineligible to work. Review your I-9 form procedures to catch data errors before they ever reach E-Verify.
Understanding the Final Nonconfirmation (FNC)
A Final Nonconfirmation is issued when work authorization can't be confirmed, either because the TNC went unresolved or the employee chose not to contest.
Once received, employers can terminate without civil or criminal liability under the E-Verify MOU. Close every case in the system regardless of outcome. Partnering with a trusted E-Verify company builds the consistent processes needed to stay audit-ready.
Quick Compliance Checklist
A few habits that make TNC situations far easier to manage:
- Always complete Form I-9 before initiating E-Verify
- Apply E-Verify to all new hires. Selective use is prohibited
- Issue the E-Verify further action notice immediately. The 10-day clock starts at TNC issuance
- Retain all records: TNC notice, FAN, Referral Date Confirmation, and case closure documents
- Consult legal counsel for complex E-Verify mismatch case issue SSA situations
- Ensure job safety and working conditions stay consistent throughout the TNC process
Frequently Asked Questions
What does a tentative nonconfirmation mean for my new hire?
There's a discrepancy between their Form I-9 data and government records, not a determination that they're unauthorized to work. It's simply a preliminary flag, not a final one.
How long does an employer have to act on an e verify mismatch?
You have 10 federal government working days from TNC issuance to notify the employee, provide the FAN, and document their decision.
What happens if I don't provide the E-Verify Further Action Notice?
Failure to deliver the FAN is a compliance violation that can expose you to discrimination claims if the employee is adversely affected without proper notice.
How do I handle an E-Verify mismatch case issue SSA specifically?
Direct the employee to contact their local SSA field office within 8 federal working days. Continue their employment and update E-Verify once the referral is confirmed.
Can I terminate an employee while a TNC is pending?
No. Adverse action during an active tentative nonconfirmation is prohibited. You may only act once a Final Nonconfirmation has been issued.
Compliance Is a Team Sport. Let Nesco Resource Help
Getting every TNC response right requires clear processes and the right support system in place.
That's where working with a recruiter or staffing partner who understands compliance changes everything. Since 1956, Nesco Resource has been dedicated to transforming lives by connecting job seekers with the right opportunities while helping employers find top talent without the compliance burden.
From contingent labor and direct hire to vendor-on-premise and managed workforce programs, we deliver flexible, strategic workforce solutions built around how businesses actually operate.
No matter the challenge (navigating an E-Verify mismatch or building long-term hiring capacity) we're here to keep your team safe on the job and help you thrive at every stage.