Regular E-Verify operations resume: No more mismatch extensions

Alert Payroll: The Social Security Administration‘s (SSA) E-Verify mismatch resolution schedule is back to normal as of July 15, 2022.

Because of COVID-19 disruptions and lockdowns, SSA adopted some flexibility by allowing more time for workers to take action to resolve a “tentative non-confirmation” (more commonly referred to as a mismatch), where info on a new hire’s I-9 form doesn’t match records on file with SSA and the U.S. Department of Homeland Security. But it’s important to know that those extended timeframes to contact the SSA to resolve mismatches are no longer being offered.

E-Verify cases with a mismatch referred between March 2, 2020, and July 14, 2022, still have a final resolution deadline of September 29, 2023, to avoid getting a final non-confirmation. However, employees whose E-Verify cases are referred to the SSA on or after July 15, 2022, will have the standard eight federal business days (Mondays through Fridays, not including federal holidays) to contact their local SSA office to begin resolving a mismatch.

Employers and E-Verify

SSA reminded employers to check E-Verify regularly for updated case alerts and that adverse action can’t be taken against an employee if a mismatch is in interim case status.

Here’s something you’ll want to pass along to your employees. SSA offices are experiencing high customer volumes, so there are “preferred” timeframes for contacting SSA to resolve mismatches. If the date on an employee’s original Referral Date Confirmation (RDC) is between March 2 and Dec. 31, 2020, they should reach out sometime between Oct. 1 and Dec. 31, 2022. For RDCs that fall in the 2021 calendar year, SSA needs to be contacted between Jan. 1 and March 31, 2023. RDCs of Jan.1 to July 14, 2022 have a preferred window of April 1 to June 30, 2023.

It’s important to provide a copy of the updated RDC to your employee via email or hard copy, and you may include a note of the preferred dates. If you need to reprint a copy of your employee’s RDC, login to E-Verify, select your employee’s case, and select the “Print Confirmation” button.

It’s crucial that employers close every E-Verify case, including cases that were recently updated with final responses. However, E-Verify will automatically close cases that receive a result of “Employment Authorized.”

RDCs can be updated with the final date by printing a new RDC notice. Just select your employee’s case in E-Verify and select the “Print Confirmation” button. This will have the final deadline for employees to contact SSA to begin resolving their mismatch. You may also choose to update the existing RDC by which your employee must visit SSA by crossing out each date and inserting: “Final: 09/29/2023.”