Immigration Status Mismatch - Berardi Immigration Law (2024)

A Department of Homeland Security (DHS) and/or Social Security Administration (SSA) mismatch means that the information your employer entered inE-Verifyfrom your Form I-9, Employment Eligibility Verification, did not match records available to DHS and/or SSA. A DHS and/or SSA mismatch case result does not necessarily mean that you are not authorized to work in the United States, and it does not constitute as a basis for termination.

A DHS mismatch may occur if:

1. your name, Alien Registration Number (A-Number or USCIS number), Form I-94 (Arrival-Departure Record) number, and/or foreign passport number differ from those in DHS records;
2. your passport, passport card, driver’s license, foreign passport, or state ID card information could not be verified;
3. your information was not updated in DHS records;
4. your citizenship or immigration status changed;
5. your record contains another type of error;
6. your employer did not enter your information correctly.

An SSA mismatch may occur if:

1. your citizenship or immigration status was not updated with SSA;
2. you did not report your name change to SSA;
3. your name, Social Security number, or date of birth is incorrect in SSA records;
4. your SSA records contain another type of mismatch;
5. your employer did not enter your information correctly.

The following steps are the steps that you need to take to process a tentative nonconfirmation mismatch:

Step 1

• Receive, read and reply to the Further Action Notice from E-Verify provided by your employer within 10 federal government working days after E-Verify issued the Tentative Nonconfirmation (mismatch) case result.
• Ensure that your name, date of birth, and Social Security number were entered correctly into E-Verify.
• Tell your employer immediately if any information is incorrect.
• The Further Action Notice explains:
  • What a Tentative Nonconfirmation (mismatch) is,
  • How to contact the U.S. Department of Homeland Security (DHS) and/or visit a Social Security Administration (SSA) and
  • What information you will need when you contact DHS or visit SSA.

Step 2

• Decide if you are going to take action to resolve the DHS and/or SSA mismatch case result.
• Notify your employer of your decision. E-Verify requires you to complete Steps 1 and 2 within 10 federal government working days after E-Verify issued the mismatch case result.

If you decide to take action to resolve the mismatch: Your employer will refer your case to DHS and/or SSA through E-Verify. Your employer will also give you a Referral Date Confirmation, which provides you with the date by which you must contact DHS and/or visit SSA. Continue to Step 3.

If you decide not to take action to resolve the mismatch: Your employer may terminate your employment and there are no additional steps for you.

You must tell your employer whether you will take action to resolve the mismatch within 10 federal government working days after E-Verify issued the mismatch case result. If you do not tell your employer of your decision, your employer may terminate your employment.

Step 3

• Create or sign in to a myE-Verify account to submit the required documents to DHS electronically that show your employment authorization and then call DHS at 888-897-7781 (TTY: 877-875-6028). Or if you cannot create a myE-Verify account, CALL DHS at 888-897-7781 (TTY: 877-875-6028) and speak to a representative who will help you work through the details of your case.

OR

• Visit your local SSA field office.

Note: Your employer cannot take adverse action against you—including terminating employment, suspending employment, withholding pay or training, delaying a start date, or otherwise limiting employment—because of your decision to take action to resolve a mismatch case result while your E-Verify case is still pending with DHS and/or SSA.

Step 4

• Wait for your employer to inform you of the final E-Verify case result.

Your case will update automatically in E-Verify based on the update by DHS and/or SSA. The final E-Verify result will indicate if E-Verify is able to confirm your work authorization.

See Reporting Violations if you believe your employer has misused E-Verify or discriminated against you.

If you receive a Final Nonconfirmation result, you or your employer can request additional review by calling E-Verify at 1-888-464-4218. In a further review, E-Verify may revisit a case result and issue a Status Update Letter to the employer and employer agent, if applicable, as well as notify you.

Based on some immigrants’ personal experience with immigration status issues, they suggest telling the SSA office to open a SAVE-case and to check the status of the case through SAVE CaseCheck. Also, it is suggested telling the SSA office to call E-Verify department hotline at the 1-888-464-4218 number, have them select one of the three options to get a hold of an E-Verify worker, and to give the E-Verify worker your SAVE case ID number that SSA received when they generated the application, which should be on the “tooltip.” Next, they should be transferred to the case resolution team who will walk the SSA worker through fixing the case and all verification issues. After that, the SSA worker should be able to issue you a Social Security Number.

It is still suggested telling the SSA office to open a SAVE-case and to check the status of the case through SAVE CaseCheck. Another suggestion is to look at what name you used on your Form I-94 and make sure it matches what you used on your S-55 Form or your visa because sometimes middle names are not mentioned on I-94 Forms. There could also be issues if you came into the United States with a K-1 visa and you got married because you would not be a fiancé anymore.

For more information about the immigration status mismatch, pleasecontact our officetoday to schedule a consultation!