5/19/25 E-Verify System Error Results in False “Final Nonconfirmation” Notices

May 19, 2025

By Abby Fitts

The United States Citizenship and Immigration Services (USCIS) issued a notice today reporting a system error with E-Verify that impacted certain Social Security Administration (SSA) mismatch cases referred to SSA between April 9, 2025, and May 5, 2025. E-Verify functions by comparing information provided by employees on Form I-9, Employment Eligibility Verification, with records held by the Department of Homeland Security (DHS) and the SSA. If the information does not match, the system returns a “tentative nonconfirmation” or mismatch. In such cases, employers must follow prescribed steps to allow employees an opportunity to address and resolve the discrepancy. A “final nonconfirmation” is only issued when E-Verify cannot confirm eligibility after the employee has an opportunity to resolve the mismatch. 

Most mismatches typically result from errors in DHS records or employees failing to update their status with the SSA. However, due to the recent error, even employees who attempted to resolve their mismatch by visiting an SSA office—but did not contact DHS—may have still experienced a mismatch result.

Key Takeaways:

USCIS has advised that employers who received E-Verify FNCs after an SSA or Dual SSA and DHS mismatch referred between April 9 and May 5 to take the following steps:

• Create a new E-Verify case  

• Do not terminate employment and do not take any adverse employment action

We are here to help. Please contact Abby Fitts at afitts@barran.com or 503-276-2190, or your regular Barran Liebman attorney for assistance in reviewing your employment compliance.