United States · E-Verify
E-Verify case status meanings and deadlines.
Look up each result an employer sees and each response an employee sees in the Case Tracker, then count the mismatch deadlines in federal government working days.
After a Tentative Nonconfirmation (mismatch) the employee has 10 federal government working days to tell the employer whether to act, and once the case is referred, 8 federal government working days to call DHS or visit an SSA field office.
The six results an employer sees
E-Verify compares the information from Form I-9 with records held by the Department of Homeland Security and the Social Security Administration. The E-Verify Quick Reference Guide for Employers, section 4, describes six case results. Most cases end with Employment Authorized within seconds. The table lists the rest, in the words of the guide, with the date each USCIS page was last updated, because some are older than the rule changes around them.
| Result an employer sees | What the employer does | What the employee does | USCIS page updated |
|---|---|---|---|
| Employment Authorized | Record the case number on the Form I-9 or attach the Case Details page. Employers who use E-Verify directly see the case close automatically; web-service software users must close it themselves. | None | 06/07/2018 |
| E-Verify Needs More Time | Check E-Verify for updates, ideally daily. DHS answers most of these within 24 hours, and some take up to 3 federal government working days. No adverse action is allowed. | None | 09/20/2022 |
| Tentative Nonconfirmation (Mismatch) | Notify the employee privately within 10 federal government working days, review and print the Further Action Notice, and close the case if the employee does not give a decision by the 10th working day. No adverse action while it stays a mismatch. | Decide within 10 federal government working days whether to act; if so, call DHS or visit an SSA field office within 8 federal government working days of the referral. | 08/17/2022 |
| Case In Continuance | Check E-Verify periodically and follow the next result. No termination or other adverse action until it becomes a Final Nonconfirmation. | None | 09/06/2022 |
| Close Case and Resubmit | Click Close and Create a New Case, then create a new case from the Form I-9 information. | None | 06/19/2018 |
| Final Nonconfirmation | Close the case. The employer may terminate employment on this result with no civil or criminal liability under the MOU. | None | 08/26/2021 |
The eight responses an employee sees
An employee can follow a case with the Case Tracker using the 15-digit E-Verify case number, which is on the Further Action Notice the employer provides after a mismatch. No myE-Verify account is needed. The tracker shows one of eight responses, and the E-Verify page that describes them was last updated 09/15/2022.
| Case Tracker response an employee sees | What it says |
|---|---|
| Employment Authorization Confirmed | E-Verify has confirmed the employee is authorized to work in the United States. |
| E-Verify Needs More Time | E-Verify needs additional time and has referred the case for further verification. No action is necessary at this point. |
| SSA Tentative Nonconfirmation (mismatch) | The information did not match Social Security Administration records. Additional action is required. |
| DHS Tentative Nonconfirmation (mismatch) | The information did not match Department of Homeland Security records. Additional action is required. |
| Employer Action Required | The employer must take additional action in E-Verify before the process can continue. |
| Employment Authorization Not Confirmed | E-Verify cannot confirm that the employee is authorized to work in the United States at this time. |
| Case Referred to SSA | The employer has referred the case to SSA. To resolve it, the employee must visit an SSA field office within 8 federal government working days of the referral date. |
| Case Referred to DHS | The employer has referred the case to DHS. To resolve it, the employee must contact DHS within 8 federal government working days of the referral date. |
How the two clocks work
The first clock is the 10th federal government working day after E-Verify issues a mismatch. By then the employer must have notified the employee, and the employee must have decided whether to act. The employer closes the case if no decision arrives by the end of that day. The second clock is the 8th federal government working day after the employer refers the case, which is the date on the Referral Date Confirmation. By then the employee must have called DHS or visited an SSA field office. Federal government working days are Monday through Friday except federal holidays. This tool counts the first working day as the day after the date you enter, and uses the holiday schedule on the OPM site for 2026 and 2027, including the observed dates: Friday July 3, 2026 for Independence Day and Friday December 24, 2027 for Christmas.
A worked example (hypothetical)
E-Verify issues a mismatch on Monday, October 5, 2026. Columbus Day falls on Monday, October 12, so it is skipped. Counting ten working days gives Tuesday, October 20, 2026 as the end of the decision window. If the employee decides to act and the employer refers the case on Wednesday, October 14, eight working days after that, counting from the 15th, land on Monday, October 26, 2026. The employee has until then to visit SSA or call DHS. Try the same dates in the tool above; a holiday inside the window moves the deadline by a day.
What an employer may not do
The E-Verify page on mismatches says employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action because of the mismatch until it becomes a Final Nonconfirmation. If the employee chooses not to take action, the employer may terminate with no civil or criminal liability under the MOU, and the case is treated as a Final Nonconfirmation. The guide says the same for Case in Continuance and E-Verify Needs More Time.
Common reasons for a mismatch
E-Verify lists a name, Alien Number, Form I-94 number or foreign passport number that is wrong in DHS records, a changed citizenship or immigration status that has not been updated, and typing errors by the employer. On the SSA side it lists an unreported name change, an incorrect Social Security number or date of birth, and a status the employee has not updated with SSA. Checking the entries on the Further Action Notice first is why the guidance has the employer review the notice with the employee in private. If the information at the top is wrong, the employer closes the case and creates a new one with correct information.
What this does not cover
Photo matching steps, driver’s license verification, federal contractor rules, how to correct an immigration record, penalties, and any individual employment decision. The deadlines are arithmetic; the case result and the notices in E-Verify control.
Sources
- E-Verify: Quick Reference Guide for Employers, 4.3 Tentative Nonconfirmation (Mismatch) — 10 and 8 federal government working day steps (updated 08/17/2022).
- E-Verify: 4.4 Case In Continuance — Employer and employee actions (updated 09/06/2022).
- E-Verify: 4.6 Final Nonconfirmation — Close the case; termination allowed under the MOU (updated 08/26/2021).
- E-Verify: Case Status for employees — The eight Case Tracker responses (updated 09/15/2022).
- E-Verify: Tentative Nonconfirmations (Mismatches) — Adverse-action rule and common reasons for a mismatch.
- OPM: Federal Holidays — 2026 and 2027 holiday schedules, including observed dates.
Retrieved October 20, 2026. Rules and fees change, so verify against the current official page before you file or act.
Frequently asked questions
What does Tentative Nonconfirmation mean in E-Verify?
It means the information entered from Form I-9 did not match records available to DHS or SSA. It is not a finding that the employee is unauthorized to work. The employer must give the employee a Further Action Notice and a chance to resolve it.
How long does an employee have to resolve an E-Verify mismatch?
The employee has 10 federal government working days after the mismatch was issued to tell the employer whether to act, and 8 federal government working days after the referral to call DHS or visit an SSA field office.
What does Case in Continuance mean?
It means the employee has visited an SSA field office or contacted DHS, but more time is needed for a final result. The employer should check E-Verify periodically and take no adverse action until it becomes a Final Nonconfirmation.
What does E-Verify Needs More Time mean?
DHS cannot verify the data yet and has referred the case for further review. DHS answers most within 24 hours, some take up to 3 federal government working days, and neither employer nor employee needs to act.
What should an employer do on Close Case and Resubmit?
Click Close and Create a New Case and enter the Form I-9 information again. SSA or DHS could not process the case, and the employee takes no action.
What is a Final Nonconfirmation?
It is the result when E-Verify cannot confirm eligibility after the employee contacted DHS or SSA, or failed to do so within 8 federal government working days. The employer closes the case and may terminate employment with no civil or criminal liability under the MOU.
Are weekends and holidays counted in the 10 days?
No. Federal government working days are Monday through Friday except federal holidays, so weekends and days such as Columbus Day are skipped.
Can an employee track an E-Verify case without an account?
Yes. The Case Tracker needs only the 15-digit E-Verify case number, which is on the Further Action Notice, and no myE-Verify account.
Not legal advice
This page restates published E-Verify guidance and counts working days. It is not legal advice. It does not predict how USCIS or any agency will decide a case. Confirm your facts with the official source or an immigration attorney before you file.