Goal

Receiving an unexpected employment-authorized result from E-Verify can happen on rare occasions. Unfortunately, USCIS E-Verify does not provide any insight into why an E-Verify case with incorrect information may still receive an employment-authorized result.

USCIS E-Verify Guidance

The only guidance we have from USCIS E-Verify on this is the following statement:

The Department of Homeland Security, USCIS Verification Division, and the Social Security Administration operate E-Verify which is not related to the Social Security Administration (SSA) SSNVS program. E-Verify cannot comment regarding the algorithms or the data matching criteria used by an E-Verify.

E-Verify relies on algorithms to cross-reference employee information. To ensure the integrity of E-Verify USCIS cannot provide specific information regarding these algorithms.

Additionally, please relay to the customer that even though the result was ‘Employment Authorized’ if they discover the case was created with incorrect information the employer should create a new case with the correct information. The employer may then attach the cases together, along with a memo explaining the situation.

Next Steps

Based on the above statement from USCIS E-Verify.  If the E-Verify case was created with incorrect information, you may correct the information in Section 1 and/or 2 of Form I-9 and create a new case with the corrected information. Then you may also create an audit note explaining the situation and why a new E-Verify case was needed.