USCIS Alerts Employers to E-Verify Technical Issue Affecting SSA and DHS Mismatch Cases: Key Actions and Resources

The E-Verify Technical Issue identified by USCIS has prompted urgent employer action to address erroneous Final Nonconfirmation (FNC) results for cases processed between April 9 and May 5, 2025. Below is a detailed breakdown of the issue, required steps for compliance, and critical resources.

Understanding the E-Verify Technical Issue

The system error impacted two types of cases:

1. SSA Mismatch Cases: Tentative nonconfirmations (TNCs) where employee data did not align with Social Security Administration records.

2. Dual SSA/DHS Mismatch Cases: These occur when an employee’s information conflicts with both SSA and DHS records. While the employee addressed the SSA discrepancy (e.g., by visiting an SSA office), they did not resolve the DHS-related mismatch, leading to an erroneous FNC.

Due to the error, employees who followed proper resolution procedures (e.g., visiting an SSA office) still received incorrect FNCs, falsely indicating ineligibility to work .

Required Employer Actions

To address the E-Verify Technical Issue, USCIS mandates the following:

1. Create New E-Verify Cases

   • Employers must resubmit cases for employees who received FNCs between April 9 and May 5, 2025 .

   • If the newly created E-Verify case yields an "Employment Authorized" status, employers are not obligated to take additional steps.

2. Avoid Adverse Actions

   • Employers must refrain from taking adverse actions (e.g., termination, suspension, or penalties) against employees due to incorrect Final Nonconfirmations (FNCs).

3. Monitor Case Status

   • Expect prolonged "E-Verify Needs More Time" status messages for affected cases .

Implications for Employers

• Compliance Risks: Incorrect FNCs could lead to wrongful termination claims or violations of anti-discrimination laws.

• Operational Impact: Reprocessing cases may require additional time and resources. Employers should document all corrective actions to demonstrate compliance during audits .

Steps to Ensure Compliance

1. Audit Existing Cases: Review E-Verify records for FNCs issued during the affected period.

2. Resubmit Affected Cases: Use the standard E-Verify workflow to create new cases.

3. Update Internal Records: Attach the new E-Verify case number to Form I-9 or retain the verification page .

For guidance, visit the official E-Verify website or consult the USCIS I-9 Central portal.

Additional Resources

• E-Verify Contact Center: Call 888-464-4218 for case-specific assistance.

• USCIS Updates: Track the latest developments via the USCIS Alert Page.

• Visa Interview Tracker: For related immigration updates, explore the U.S. Visa Interview Tracker.

Conclusion

The E-Verify Technical Issue underscores the importance of proactive compliance in employment verification. Employers must act swiftly to correct errors, safeguard employee rights, and maintain federal compliance. For ongoing updates, monitor USCIS communications and leverage the resources above.