March 24, 2023

Employees with E-Verify cases referred to the Social Security Administration (SSA) on or after July 15, 2022, will have eight federal working days to contact their local Social Security office. They must get in touch to resolve mismatches in their E-Verify cases. When the COVID-19 pandemic first started in March 2020, E-Verify allowed employees more time to take action to fix an SSA Tentative Nonconfirmation (mismatch). As of July 15, 2022, employers will no longer have this extra time to resolve mismatches. However, cases referred between March 2, 2020, through July 14, 2022, still qualify for the additional time.

Employers must refer cases in E-Verify within ten federal working days after receiving an issued mismatch. Employees with mismatches referred on or after July 15, 2022, will have eight federal days to resolve the case. In the meantime, employers cannot take adverse action against an employee while the case is in interim status. For example, employees with an SSA mismatch referred between March 2, 2020, to July 14, 2022, will have until September 29, 2023, to resolve it.

You should examine the date on your employee’s original Referral Date Confirmation (RFC) and look for the date of the original RDC. If the date ranges from March 2, 2020, to December 31, 2020, you should have contacted the SSSA between October 1, 2022, and December 31, 2022. Dates ranging from January 1, 2021, to December 31, 2021, should contact the SSA between January 1, 2023, to March 31, 2023. For dates from January 1, 2022, to July 14, 2022, contact the SSA between April 1, 2023, to June 30, 2023.

Though the SSA would prefer these timelines, the agency requires employers to resolve mismatches by September 29, 2023. Otherwise, the case will automatically receive a Final Non-confirmation (FNC).

Remember to update the RDC with the final date by printing a new Referral Date Confirmation notice. This notice will contain the final deadline for employees to contact the SSA and resolve their mismatch. In addition, you can reprint a copy of an employee’s RDC by logging into E-Verify and selecting the employee’s case. You could also update your employee’s existing RDC by crossing out the dates and writing “Final: 09/29/2023.” Doing so will remind them to report to the SSA by this date.

Ensure your employees know the preferred dates for going to the SSA to resolve their mismatch. You could note the preferred dates on their RDC as well. Additionally, supply your employee with a copy of the updated RDC in a hard copy or an email. When completing the E-Verify process, employers must remember to close each case. This step includes cases that recently received final responses. In some cases, E-Verify will automatically close cases that received the “Employment Authorized” result.

All employers must complete the employment eligibility verification process (Form I-9) for all employees they hire, and E-Verify makes it easy to verify Form I-9s. Using E-Verify also provides a presumption of good faith if the system incorrectly authorizes an employee for employment.

Unfortunately, the I-9 process is complicated. As a result, employers often find it easy to make costly mistakes. The best way to ensure you complete the process correctly is to use an electronic I-9 management tool that offers E-Verify integration. This tool will guide you through the process, ensuring you know which documents to accept as proof of work authorization.

Learn more about automating your employment eligibility verification and ensuring compliance with I-9 Compliance.

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