An E-Verify mismatch is not a finding that an employee cannot work. My first steps: check the case against Form I-9, review the notice privately, and let the employee choose whether to take action - without changing their shifts, training, or pay because of the mismatch.
Here’s the timeline I follow:
My rule: <u>keep the mismatch process separate from staffing decisions</u>. A pending review or silence alone does not establish that someone lacks permission to work.
E-Verify Mismatch Process for Staffing Teams
Once the mismatch is confirmed, assign a trained coordinator and a backup. Notify the employee and record their choice within 10 federal government working days of the mismatch. Count only federal working days.
Print the English Further Action Notice (FAN) and review it privately with the employee. Ask them to confirm the identifying information at the top, and answer their questions. Email alone is not enough. Do not discuss the mismatch in crew meetings, client communications, or budget-friendly scheduling tools.
Provide a translated version when available, along with qualified language assistance as needed. If the employee cannot read the notice, read it aloud. Then have them complete and sign the English version as directed. Do not ask a coworker to interpret if doing so would affect privacy.
After the private review, explain both options and their consequences neutrally: the employee can take action to resolve the mismatch or decline. Let the employee decide without pressure. Do not recommend either choice, threaten termination, reduce hours, cancel shifts, or suggest that declining is the only option.
Have the employee mark their choice on the FAN, then sign and date it. A signature, silence, or a missed meeting does not count as a decline unless the FAN shows that choice.
Give the employee copies of the signed English FAN and any translation used. Keep the signed notice with Form I-9 or in the authorized secure case file, separate from scheduling notes. Record the case number, relevant dates and deadline, notification method, employee choice, coordinator, and the date copies were provided.
If the employee chooses to take action, record that decision in E-Verify and complete the referral within 10 federal government working days after the mismatch. The employer handles the referral, and the employee follows the agency’s instructions.
The referral gives the employee a formal chance to resolve the mismatch. What happens next depends on whether the case involves DHS, SSA, or both.
Use the case result and Further Action Notice to explain where the employee needs to go and what to bring:
Then track the deadline listed on the confirmation closely.
After the referral, give the employee the Referral Date Confirmation and keep a copy with the case record. This document lists the required action and deadline.
Employees generally have eight federal government working days after referral to start the required agency step - not to finish the review. Follow the deadline on the confirmation. For a dual mismatch, track each deadline separately.
While the agencies review the case, track deadlines and protect the employee from adverse action.
After referral, track the case, protect the employee’s pay and schedule, and keep case records separate from staffing work.
Use a restricted-access compliance tracker to record the case number, mismatch type, notice date, employee choice, referral date, agency deadline, owner, next check date, escalation date, and final result.
Keep the signed notice, Referral Date Confirmation, and referral records with the Form I-9 file as required. Record the case number on Form I-9 or retain the case details under current E-Verify instructions. Limit access to authorized HR and compliance staff with a legitimate need.
While the employee works to resolve the mismatch, do not terminate or suspend them, delay their start or training, cut hours, remove assignments, change working conditions, or withhold earned pay because of the pending case.
Do not pressure the employee to withdraw from the process or demand extra identity or work-authorization documents. Apply neutral workplace rules consistently. If a schedule change has an unrelated business reason, document it.
Quickstaff can manage event assignments, availability, waitlists, reminders, and staff messages - but not E-Verify records.
Keep mismatch notices, immigration data, agency correspondence, and resolution notes in restricted compliance files, not shared event notes, comments, or messages.
Check E-Verify at set intervals and follow the instructions for the current case status. A delay is not a Final Nonconfirmation. A missed internal reminder also does not show that the employee lacks work authorization. Send technical problems or unclear instructions to the designated compliance contact.
Use the current E-Verify status to determine the next step.
| Case status | Staffing team response |
|---|---|
| Agency review pending | Monitor E-Verify and follow the current instructions. Do not take adverse action because the review remains pending. |
| Authorized | Record the result and complete any remaining E-Verify case-closing steps. |
| Final Nonconfirmation | Follow the final-case instructions. Refer disputed or unclear results to qualified counsel before making an employment decision. |
| Closed | Record the underlying result and closure reason. Closure alone does not establish work authorization. |
If the case reaches a final result or dispute, move to the final-results process.
When a case reaches a final status or an employee misses the deadline, follow the final-result rules below to close it.
If the employee declines action, confirm their choice on the Further Action Notice. Record when and how they communicated that decision.
If the employee has not made a decision by the end of the 10th federal government working day after the mismatch was issued, document your notification attempts and close the case according to E-Verify instructions. Record the closure reason and final status. Silence does not prove that an employee lacks permission to work.
Keep no-response cases separate from cases still awaiting DHS or SSA review. If employee action does not resolve the case, follow the final-result steps below.
A Final Nonconfirmation may support termination under E-Verify rules. But before acting, verify the exact case result and check any other legal limits. Complete the required closure statement and employment-status entries.
Keep a record of the final result, the employment action taken, and the reason for that action. Do not backdate or relabel the decision. Apply written policies consistently. Get qualified advice if the result is disputed or if a contract, collective-bargaining agreement, leave protection, or state law could affect the decision.
If the employee disputes the result, keep their written explanation, review the timeline and notices, and follow E-Verify’s process for further review. If the result changes, file any Status Update Letter with the case record. For disputes or concerns about employee rights, follow the escalation steps below.
Refer alleged agency errors, discrimination, retaliation, improper document demands, or inconsistent treatment to qualified counsel. Direct employees to the help listed in their notices, E-Verify support, or DOJ Immigrant and Employee Rights Section resources. A final case result does not end anti-discrimination obligations.
Use this checklist to close out a contested mismatch, meet deadlines, and keep records private.
Verify the case and notice. Match the case to Form I-9 and confirm it’s a mismatch, not a Final Nonconfirmation. Review the Further Action Notice privately, provide a translation when appropriate, and record the employee’s choice without pressure.
Complete the referral. If the employee chooses to take action, refer the case within 10 federal government working days. Give the employee the Referral Date Confirmation with the agency deadline. Then track the case and protect the employee while it’s pending.
Track without penalizing. Log case milestones and deadlines. Protect the employee’s work hours and pay while the case is pending.
Close and file securely. Follow the case-specific final instructions before closing the case. Keep required records for the legally required period and limit access to authorized staff. Keep notices and case details out of Quickstaff notes, rosters, and messages. Store all case materials separately from staffing operations.
If you entered incorrect employee information on Form I-9, investigate and document the discrepancy. Keep the original record. Draw a single line through the error so it remains readable. Then enter the correction, your initials, and the date.
For electronic records, keep both the original and corrected values, along with the user ID, timestamp, and reason for the change. Never use whiteout or backdate entries.
Do not terminate or take adverse action against a worker solely because they’re contesting an E-Verify mismatch. Any action must avoid unlawful retaliation or discrimination.
Document the client’s request, why any scheduling change was made, and the business reason for reassignment. Tools like Quickstaff can help you keep objective scheduling and performance records that support defensible decisions and consistent application of your policies to all team members.
Document the employee’s attempts to contact the Social Security Administration (SSA), along with the reason for the delay. Keep communication clear and neutral, track the case, and retain records of all outreach.
Do not take adverse action solely because the employee is contesting a mismatch or facing verification delays. Consider consulting qualified immigration counsel to help ensure you handle the case in line with applicable requirements.
