What should I do if I get a mismatch (Tentative Nonconfirmation)?

If E-Verify returns a Tentative Nonconfirmation (Mismatch):

  1. Notify the employee privately and provide the Further Action Notice (FAN).
  2. 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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