E-Verify mismatches (TNC): what they mean and what to do

Last updated: October 15, 2026

The short version

A mismatch (Tentative Nonconfirmation, or TNC) means the information on the I-9 didn't match DHS or SSA records. It is not a final result and it is not a determination that the employee is unauthorized. Mismatches are frequently caused by typos, name changes, or records that haven't caught up. The employee keeps working normally while it's resolved.

The one rule that matters most

During the entire mismatch process, the employer cannot take any adverse action: no terminating, suspending, withholding pay, delaying training, cutting hours, or treating the employee differently. Adverse action is only permitted after a Final Nonconfirmation. Acting early is the single most expensive mistake in this process.

The process, step by step

  1. Notify the employee privately. Download and present the Further Action Notice. Never discuss a mismatch in front of other employees.

  2. The employee decides whether to contest — within 10 federal government working days of E-Verify issuing the mismatch. If they choose not to contest, the case becomes a Final Nonconfirmation.

  3. If contesting: an SSA mismatch means visiting an SSA field office within 8 federal government working days; a DHS mismatch means calling DHS within the same window; a dual mismatch means both. Give the employee the Referral Date Confirmation and attach it to the I-9.

  4. Wait. The agency updates the case, typically within 10 federal working days of the referral. A case may show "Case in Continuance" if the agency needs more time — the employee keeps working.

If the mismatch traces back to a typo

If the data was simply entered wrong, correct the I-9 first (see fixing Section 1 information), then follow re-running the E-Verify case.

If the case becomes a Final Nonconfirmation

This happens when the employee chose not to contest, missed the referral window, or the agency still couldn't confirm eligibility. At that point the employer must close the case and may terminate employment without liability under the E-Verify MOU. Either party can request a further review by calling E-Verify at 1-888-464-4218.

Photo matching mismatches

For Permanent Resident Cards, EADs, and U.S. passports, E-Verify shows a photo to compare against the document the employee presented. If the photos don't match, it becomes a photo mismatch TNC and a copy of the document gets uploaded as part of the referral.

Where this shows up in Onboarded

Case statuses sync into the employee's record. E-Verify only closes a case on its own when it returns Employment Authorized immediately after submission, so a case that hit a mismatch won't close itself — even if it ends in Employment Authorized. Once it reaches a final result, close it through the integration. If a case status in Onboarded looks out of step with what you see in E-Verify, contact support before acting on it.

Regulations change. Verify current guidance at the E-Verify User Manual and consult legal counsel for binding decisions. This article is general guidance, not legal advice.