If E-Verify returns a Tentative Nonconfirmation (Mismatch):
- Notify the employee privately and provide the Further Action Notice (FAN).
- The employee has 10 federal working days to decide what to do.
If the employee takes action:
- They agree to resolve the mismatch by contacting the U.S. Social Security Administration (SSA) or the U.S. Department of Homeland Security (DHS).
- You must “refer” the case in E-Verify.
- Print the Referral Date Confirmation.
- Give a copy to the employee and attach one to the I-9.
- Monitor E-Verify for updates until a final result is issued.
If the employee does not take action:
- They either decline to contest the mismatch or do not respond within the 10-day window.
- You must close the case in E-Verify.
- At that point, the employer may end employment since work authorization cannot be confirmed.
If additional guidance is needed regarding a nonconfirmation, contact TNDOHR.PublicRecords@tn.gov for assistance.
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