E-Verify is phasing out a policy instituted at the onset of the coronavirus pandemic that had granted employees additional time to contact the Social Security Administration (SSA) to resolve discrepancies with their E-Verify submissions.
Effective July 15, 2022, E-Verify cases referred to the SSA will no longer be afforded the extended timeframe to resolve SSA Tentative Nonconfirmations (TNCs) and the policy will be phased out based on the following schedule:
- Employees whose E-Verify cases are referred to the SSA on or after July 15 will have eight federal working days (the norm before the pandemic) to contact their local SSA offices to begin resolving the mismatches.
- Employees whose E-Verify cases were referred to the SSA between March 2, 2020, and July 14, 2022, are still eligible for additional time and will have until September 29, 2023, to resolve the discrepancies.
E-Verify also provided a list of “preferred dates” for employees to contact the SSA based on their referral dates. The preferred timeframes are listed below:
| Referral date confirmation range | Suggested dates to contact the SSA |
| March 2, 2020, to December 31, 2020 | October 1, 2022, to December 31, 2022 |
| January 1, 2021, to December 31, 2021 | January 1, 2023, to March 31, 2023 |
| January 1, 2022, to July 14, 2022 | April 1, 2023, to June 30, 2023 |
Employees who fail to resolve their discrepancies with the SSA by September 29, 2023, will automatically receive a final nonconfirmation case result.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.
