Employers that received a Final Nonconfirmation (FNC) result from E-Verify for certain cases referred between April 9 and May 5, 2025, may have to take corrective action due to a recently reported system error.

Background on the E-Verify System Error

The U.S. Department of Homeland Security (DHS) announced  on May 19, 2025, that E-Verify experienced a technical issue with Social Security Administration (SSA) mismatch cases, which were referred between April 9 and May 5, 2025, to resolve a tentative nonconfirmation (TNC). This included cases with dual SSA and DHS mismatches if the employee visited an SSA field office to resolve the issue but did not contact DHS.

As a result, some cases may have incorrectly received a FNC result even after the employee took appropriate steps to resolve their TNCs at an SSA office. This error may falsely indicate that an employee is not authorized to work even though they followed the resolution process as required.

Employer Action May Be Required

According to DHS, if an employer received an FNC for an E-Verify case referred between April 9 and May 5, 2025, where the mismatch involved the SSA, or both the SSA and DHS:

  • For affected cases, do not take adverse action and do not terminate the employee based on the FNC result.
  • Create a new E-Verify case for the affected employee.
  • If a new E-Verify case was created and it received an Employment Authorized result, no further action is needed.

Additionally, DHS notified employers that the “E-Verify Needs More Time” status message may remain visible longer than usual for these cases.

Tags: DHS, E-Verify, Social Security Administration
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Photo of Miriam C. Thompson Miriam C. Thompson

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national…

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national interest waivers. Miriam’s representative matters within her practice area include providing legal and policy guidance to large multinational companies, as well as individual clients, startup companies, and small and mid-size domestic corporations, with a focus on delivering effective strategies in the realm of worksite immigration compliance and U.S. immigration programs.

Miriam also counsels employers in connection with internal and external audits to ensure regulatory compliance with I-9 employment verification, E-Verify, and U.S. Department of Labor requirements. Her representative work includes developing enterprise-wide immigration policies for large employers and advising on immigration-related concerns of companies undergoing corporate restructuring, mergers and acquisitions, and reductions in workforce. She also supports multinational employers with complex global workforce needs and works with professionals from the firm’s labor and employment and tax and benefits groups to provide strategic planning on cross-border employee mobility.

Miriam lived, studied, and worked in Germany, Switzerland, and France. Her native language is German and she is conversational in French.

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