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On October 28th, 2026, the U.S. Department of Homeland Security (DHS) announced updated E-Verify resources for employers and employees. All four sample documents relate to E-Verify Tentative Nonconfirmation (TNC), or mismatch, practices. Earlier, in October 2026, the DHS published two rules in the Federal Register affecting employment authorization for foreign workers.
What Is E-Verify?
Overall, E-Verify is a web-based system that confirms the eligibility of prospective or current employees to work in the U.S. Specifically, employers verify the identity and employment eligibility of newly hired employees by electronically comparing the information employees provide. For instance, E-Verify compares the data entered on the Form I-9, Employment Eligibility Verification, against Social Security Administration (SSA) and DHS records. Meanwhile, the system saves an employer’s E-Verify employment records for later access. For the most part, the program is available in all 50 states and the District of Columbia. Additionally, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands use E-Verify. According to the DHS, E-Verify is currently the best available means to confirm employment eligibility electronically.
What Is the E-Verify Tentative Nonconfirmation (Mismatch) Process?
Previously, we mentioned that E-Verify resources released in October were related to the E-Verify Mismatch Process. A mismatch occurs when information an employer submits from an employee's Form I-9 does not match records available to the DHS, the SSA, or both.
These E-Verify resources help employers:
- explain the mismatch,
- inform employees of their rights, and
- provide instructions for correcting discrepancies.
Importantly, however, employers must realize that a mismatch does not automatically mean an employee is unauthorized to work.
An Overview of the E-Verify Resources Released
Accordingly, the four documents released are:
- A Sample Department of Homeland Security Further Action Notice
- The Sample Dual Department of Homeland Security and Social Security Administration Further Action Notice
- A Sample Referral Date Confirmation
- The Sample Social Security Administration Further Action Notice
All of these E-Verify resources are samples of real, live documents that employers or employees may receive. Comparatively, Further Action Notices (FANs) explain the mismatch and allow the employee to decide whether to contest it. Meanwhile, Referral Date Confirmations are provided after an employee chooses to take action and the employer refers the case to the appropriate agency. Basically, they establish the deadline for contacting DHS and/or SSA.
Although all of these E-Verify resources have been available to the general public for many years, these four samples were updated in September 2026 and carry that update distinction at the bottom of each form.
Sample Department of Homeland Security Further Action Notice
This sample notice replicates what an employee will receive when E-Verify cannot match Form I-9 information with current DHS records. The notice identifies the problem, explains possible reasons, provides instructions for reviewing information, and describes how employees can contest the result.
Sample Dual Department of Homeland Security and Social Security Administration Further Action Notice
This illustrates the document provided when an employee's information cannot be confirmed against both DHS and SSA records. It explains the discrepancies, outlines the employee's options, and provides instructions for resolving mismatches with both agencies.
Sample Referral Date Confirmation
The Sample Referral Date Confirmation shows the document issued after an employee decides to contest an E-Verify mismatch and the employer refers the case to DHS, SSA, or both. It includes the employee's name, E-Verify case number, and the deadline to begin resolving the mismatch.
Sample Social Security Administration Further Action Notice
This sample notice explains what happens when information submitted through E-Verify does not match SSA records. Discrepancies potentially involve a Social Security number, name, date of birth, or citizenship information.
The notice identifies the mismatch, explains how employees can review their information, and provides instructions for deciding whether to contest the result. It also includes information about employee protections against discrimination and employer responsibilities during the resolution process.
Employer Takeaways
Overall, E-Verify is voluntary for most employers. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to use it. States may also require employers to participate in E-Verify if law requires the use of the system. As of the date of this blog post, 22 states require E-Verify for at least some public or private employers. Four states mandate use for all employers, 6 states require it depending on employee count, and 12 states require it primarily for public employers.
Regardless of why an employer participates, they must use or reference the most current and accurate E-Verify resources available. That said, businesses should obtain the current, case-specific notices directly through E-Verify rather than download and complete the sample PDFs discussed in this blog post. They must also follow the applicable timelines, provide employees an opportunity to contest mismatches, and avoid prohibited adverse employment actions while cases remain pending.
