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E-Verify errors and notices.

    June 11, 2025

    Employer action may be required

     

     

    Employers that received a Final Nonconfirmation (FNC) result from E-Verify for certain cases between April 9 and May 5, 2025, may have to take corrective action due to a recently reported system error.

    The U.S. Department of Homeland Security (DHS) announced on May 19, 2025, that E-Verify experienced a technical issue with Social Security Administration (SSA) mismatch cases, which were referred between April 9 and May 5, 2025, to resolve a tentative nonconfirmation (TNC). This included cases with dual SSA and DHS mismatches if the employee visited an SSA field office to resolve the issue but did not contact DHS.

    As a result, some cases may have incorrectly received a FNC result even after the employee took appropriate steps to resolve their TNCs at an SSA office. This error may falsely indicate that an employee is not authorized to work even though they followed the resolution process as required.

    According to DHS, if an employer received an FNC for an E-Verify case referred between April 9 and May 5, 2025, where the mismatch involved the SSA, or both the SSA and DHS:

    • For affected cases, do not take adverse action and do not terminate the employee based on the FNC result.
    • Create a new E-Verify case for the affected employee.
    • If a new E-Verify case was created and it received an Employment Authorized result, no further action is needed.

    Additionally, DHS notified employers that the “E-Verify Needs More Time” status message may remain visible longer than usual for these cases.

    As of April 23, 2025, E-Verify is now notifying participating employers via Case Alerts when the Department of Homeland Security (DHS) revokes an employee’s Employment Authorization Document (EAD). E-Verify has been sending emails to its account holders that it says have employees whose EADs DHS has recently revoked and informing them that the E-Verify cases will be added to their Case Alerts under Cases with Expiring Documents in E-Verify.

    E-Verify is an Internet-based system that compares information an employer enters from an employee’s Form I-9 to DHS and Social Security Administration records to confirm employment eligibility. E-Verify is generally voluntary, though it is mandatory for some employers, including certain federal contractors, as well as certain employers operating in some states. Some employers sign up for E-Verify because enrolling in the program gives them access to the STEM OPT extension for F-1 international student employees.

    In its communiation, E-verify explains that DHS recently sent direct notifications to certain individuals who were paroled into the United States that DHS had terminated their parole and revoked their parole-based EADs. A federal court has stayed DHS’s termination of the CHNV parole. Employers who have been contacted by E-Verify that its employees’ EADs have been revoked should contact their immigration attorney to confirm the parole termination status before contacting the employee to reverify their Form I-9.

     

    E-Verify Error May Require Employers to Reprocess FNC Cases

    E-Verify Notifies Employers About EAD Revocations Via Case Alerts

     

    Commentary by: Raylea Stelmach

    Edited by:

     

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