Policy granting more time for employees resolve E-Verify discrepancies with Social Security Administration to end

The Department of Homeland Security (DHS) will end a pandemic-era policy that gave employees extra time to resolve discrepancies found in E-Verify submissions and referred to the Social Security Administration (SSA).

• Beginning July 15, 2022, employees whose E‑Verify cases are referred to SSA on or after July 15, 2022, due to a Tentative Nonconfirmation (TNC) or need for further review, will have the normal eight federal business days to contact their local SSA office to begin resolving the mismatch.
• Employees with mismatch cases referred between March 2, 2020, to July 14, 2022, will have until Sept. 29, 2023, to resolve their discrepancies.
• E-Verify recommends that employers review an employee’s Referral Date Confirmation (RDC) and inform the employee to visit SSA within these requested timeframes.
• Employers are reminded that they may not take any adverse action against an employee while the mismatch is in an interim case status.

Additional Information: In March 2020, at the beginning of the COVID-19 pandemic, E‑Verify extended the timeframe for employees to take action to resolve an SSA tentative non-confirmation (“mismatch”). This policy will come to an end Friday, July 15. More information is available here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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