The Social Security Administration has discontinued its COVID-19 extended timetable for employees to take action to resolve Social Security mismatches. The changes apply to anyone whose E-Verify case was referred to the SSA on or after July 15.
Employees whose E-Verify cases were referred between March 2, 2020, and July 14, 2022, have until September 29, 2023, to take action.
Background
When an employee provides I-9 information that does not match records available to the U.S. Department of Homeland Security or the SSA, E-Verify issues what is called a Tentative Nonconfirmation. Employees then have certain deadlines to address the TNC with the Social Security Administration.
The deadlines were extended effective March 2, 2020, because of the COVID-19 pandemic. The SSA’s latest action returns to pre-COVID deadlines for any cases referred on or after July 15 of this year.
Details of the new policy
Under the new policy, employees who had a mismatch on July 15 or later have eight federal working days (after the employer referral to the SSA) to contact the SSA to resolve the issue. This is the same timetable that applied before March 2, 2020.
Employees whose mismatches were referred to the SSA between March 2, 2020, and July 14, 2022, have until September 29, 2023, to take action to resolve the mismatches. If no contact is made by that date, the case will automatically receive a Final Nonconfirmation.
The SSA recommends that employees in the “COVID deadline” group take action according to the following “preferred” timeline:
| Date of referral to SSA | Preferred time to contact SSA |
| March 2 to December 31, 2020 | October 1 to December 31, 2022 |
| January 1 to December 31, 2021 | January 1 to March 31, 2023 |
| January 1 to July 14, 2022 | April 1 to June 30, 2023 |
About E-Verify
E-Verify is a web-based database operated by the U.S. government. It allows enrolled employers to verify the eligibility of their employees to work in the United States. Using E-Verify, employers submit information provided by employees on their I-9 Forms. That information is electronically matched against records in the databases of the SSA and the DHS.
Employer participation in E-Verify is generally voluntary, unless the employer has federal contracts or subcontracts, or is subject to state law mandating use of E-Verify.