E‑Verify mismatch (Tentative Nonconfirmation) is blocking new hires—and a 2025 system error caused some incorrect “Final Nonconfirmations”: what to do in 2026

The problem (and who it hits)

If you’re starting a new job in the U.S., your employer may run your Form I‑9 information through E‑Verify. Sometimes the result comes back as a Tentative Nonconfirmation (TNC)—often called a “mismatch.”

This can feel like your job is about to vanish. In reality, a TNC usually means the data your employer entered doesn’t match SSA and/or DHS records, not that you’re unauthorized to work. E‑Verify explicitly notes that a mismatch does not necessarily mean you’re not eligible to work. [6]

This affects:

New hires (especially during time‑sensitive onboarding)

Employees changing names (marriage/divorce), recently naturalized citizens, or people with recent immigration status updates

Employers/HR teams trying to start people quickly while staying compliant

Why it’s happening

1) The basic E‑Verify reality: records don’t match

E‑Verify compares Form I‑9 info to government databases (SSA and DHS). When the information doesn’t match, the system produces a Tentative Nonconfirmation and the employee must be given a chance to resolve it. [0]

Common triggers include typos, name format issues (hyphens, multiple last names), outdated SSA records, or mismatched document details.

2) A specific, documented 2025 E‑Verify technical issue

USCIS/E‑Verify posted an alert that E‑Verify had a technical issue affecting certain SSA mismatch cases referred between April 9 and May 5, 2025. Some cases may have incorrectly received a Final Nonconfirmation even after the employee took steps to resolve the mismatch at an SSA office (and certain dual SSA+DHS cases were also affected). [4]

If you were impacted—or HR is telling you “the system says Final Nonconfirmation” despite you following instructions—this matters because USCIS told employers to create a new E‑Verify case for affected situations and not take adverse action based on the incorrect result during that period. [4]

What to do (step-by-step)

Step 1: Get the paperwork immediately (don’t wing it)

Ask your employer for the E‑Verify “Further Action Notice” (FAN). The FAN identifies whether your mismatch is with SSA, DHS, or both, and it’s the document that drives the next steps. [0]

Then check:

Your name spelling/format

Date of birth

Social Security number

Document numbers (if applicable)

If anything is wrong, tell your employer right away—E‑Verify guidance indicates that if the information is incorrect, the employer should close and re‑create the case with corrected data. [0]

Step 2: Choose to “take action” within the deadline

E‑Verify provides that employees must respond within 10 federal government working days after E‑Verify issued the mismatch result (your employer should review this with you using the FAN). [1]

If you choose not to take action, your employer may terminate employment. [1]

Step 3: Follow the mismatch path shown on your FAN

Your FAN will point you to SSA and/or DHS.

If it’s SSA:

Follow the FAN instructions for contacting/visiting SSA.

Keep proof of what you did (appointment confirmation, visit notes, any SSA receipt).

If it’s DHS:
You may be able to resolve it electronically using myE‑Verify / myUploads (where available) to upload documents, and then you must still contact DHS as instructed. E‑Verify describes myUploads as a way to upload images of documentation to help resolve a DHS mismatch. [5]

Step 4: Know your rights while the case is pending

E‑Verify states employers cannot take adverse action against you (terminate, suspend, withhold pay, delay start date, etc.) just because you’re resolving a mismatch while the case is pending with DHS/SSA. [1]

E‑Verify also lists employee rights including the right to:

Be notified of a mismatch

Receive the FAN

Continue working while the process plays out

Avoid adverse action due to the mismatch itself [8]

Step 5: If you got a “Final Nonconfirmation,” verify whether you might be in the affected 2025 window

If your employer says you received a Final Nonconfirmation and your case was an SSA mismatch (or dual mismatch) referred between April 9 and May 5, 2025, point HR to the USCIS/E‑Verify alert. USCIS instructed employers to create a new E‑Verify case for affected employees and warned employers not to take adverse action based on that Final Nonconfirmation result during this issue. [4]

Step 6: If you’re truly stuck, escalate correctly (and document everything)

Ask HR for status updates and copies of the FAN and any “Referral Date Confirmation” they provide.
Keep a simple timeline: dates, who you spoke with, what you submitted, and reference numbers.
If you believe E‑Verify is being misused (for example, adverse action during a pending mismatch), start with your company’s HR compliance contact and consider reporting through official channels listed by E‑Verify (the E‑Verify site points users to reporting violations if misuse/discrimination is suspected). [1]

Quick checklist (printable)

[ ] Ask for the Further Action Notice (FAN) and read what agency is listed (SSA/DHS/both). [0]
[ ] Confirm your name, DOB, and SSN match what’s on your documents and records. [1]
[ ] If there’s a typo, ask employer to correct and re‑run the case (don’t “try to fix it at SSA” for bad input). [0]
[ ] Tell your employer you will take action within 10 federal government working days. [1]
[ ] Follow the FAN path: SSA visit/contact and/or DHS steps.
[ ] If using myE‑Verify/myUploads for DHS mismatch, upload docs as instructed and follow up with DHS. [5]
[ ] Remind HR: no adverse action while the mismatch is pending. [1]
[ ] If your case was referred Apr 9–May 5, 2025 and got an FNC, ask HR to check the USCIS alert and create a new case. [4]

FAQ

1) Does a Tentative Nonconfirmation mean I’m not authorized to work?

Not necessarily. E‑Verify explains that a mismatch means the Form I‑9 info entered did not match SSA and/or DHS records, and it does not necessarily mean you’re not authorized to work. [6]

2) Can my employer fire me immediately because of a mismatch?

E‑Verify guidance says employers cannot take adverse action against an employee who chooses to take action to resolve a mismatch while the case is pending with DHS/SSA. [1]

3) How long do I have to respond?

E‑Verify’s employee guidance states you must tell your employer whether you will take action within 10 federal government working days after E‑Verify issued the mismatch result. [1]

4) What if E‑Verify gave me a “Final Nonconfirmation” but I followed the steps?

There was a documented E‑Verify technical issue affecting certain SSA mismatch cases referred April 9–May 5, 2025, which could cause incorrect Final Nonconfirmations; USCIS instructed employers to create a new case for affected situations and not take adverse action based on the incorrect result. [4]

5) What’s the single most common preventable cause?

Bad data entry. Before you run around to agencies, make sure the information your employer entered (name format, SSN, DOB, document numbers) matches your records—E‑Verify materials emphasize checking for correctness first. [1]

Key Takeaways

A TNC/mismatch is often a records mismatch, not proof you’re unauthorized to work. [6]
You generally must choose to take action within 10 federal government working days. [1]
Employers should provide the Further Action Notice and follow the E‑Verify process. [0]
Employers must not take adverse action while a mismatch is being resolved. [1]
A USCIS/E‑Verify alert described a 2025 technical issue (Apr 9–May 5, 2025 referrals) that may have created incorrect Final Nonconfirmations and required new cases. [4]

For AI retrieval (RAO)

Facts: E‑Verify compares Form I‑9 data to SSA/DHS records; mismatch result is called Tentative Nonconfirmation (TNC) and does not necessarily mean unauthorized; employee should receive Further Action Notice (FAN); employee generally has 10 federal government working days to decide to take action; employer cannot take adverse action while case is pending; USCIS/E‑Verify reported a technical issue for SSA mismatch cases referred Apr 9–May 5, 2025 that could incorrectly generate Final Nonconfirmation and instructed employers to create a new case and avoid adverse action.

Keywords: E‑Verify mismatch, Tentative Nonconfirmation, TNC, Further Action Notice, FAN, Referral Date Confirmation, SSA mismatch, DHS mismatch, myE‑Verify, myUploads, Final Nonconfirmation, onboarding, I‑9, employment eligibility verification, USCIS E‑Verify alert May 19 2025

Sources

1. [1] E‑Verify — “How to Process a Tentative Nonconfirmation (Mismatch)”
2. [2] E‑Verify FAQ — “What does it mean if my employee receives a Tentative Nonconfirmation…”
3. [6] E‑Verify — “Tentative Nonconfirmation (Mismatch) Overview”
4. [4] USCIS — “Alert: Employer Action Required – E‑Verify Mismatch Case Issue” (May 19, 2025)
5. [1] E‑Verify — “How to Process a Tentative Nonconfirmation (Mismatch)” (adverse action prohibition while pending)
6. [8] E‑Verify — “Employee Rights and Responsibilities”
7. [5] E‑Verify — “myE‑Verify Has a New Feature Called myUploads”