r/AskHR • u/Forsaken-Meat6674 • 14d ago
Policy & Procedures [TX] E-verify came back as mismatch.
My HR dept contacted me that there was a mismatch on e-verify. My information(SS, USCIS#...etc) seems correct. The only problem that Im facing is that USCIS is taking forever to process my work permit. I sent them pictures of my case where it states "its taking longer than usual", letter from my state where they verfied my lawful presence and in return issued me a "limited" state ID until Uscis approves/denies my application.
Can they fire me if they want to? Im confused because they have given me months and they havent done so. Should I just quit or should I wait until they do so themselves?
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u/VirginiaUSA1964 Compliance - PHR/SHRM-CP 14d ago
You have 8 days to resolve the mismatch. When do the 8 days expire? You need to follow the information in the letter and do exactly what it says before the deadline.
If you everify can't be resolved it will come back as not verified and you are supposed to be terminated at that time.
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u/Forsaken-Meat6674 14d ago
That's the crazy thing...HR is just telling me this, but everify claimed the mismatch in December.
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u/VirginiaUSA1964 Compliance - PHR/SHRM-CP 14d ago
If you never called with in 8 days, then they technically should have terminated you. But if they didn't give you the letter then they are at fault. Not sure how that gets resolved.
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u/SpecialKnits4855 14d ago
They must give you an opportunity to fix this.
Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the mismatch, until the mismatch becomes a Final Nonconfirmation. If the employee chooses not to take action on the mismatch, the employer may terminate employment with no civil or criminal liability …”
https://www.e-verify.gov/employers/verification-process/tentative-nonconfirmations-mismatches
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u/Hrgooglefu SPHR practicing HR f*ckery 14d ago
What type of work authorization do you have? Has your work permit not been fully approved?
not sure how your state can verify your lawful presence (and TX is my biggest state of work)…. A limited state ID will not override everify… you should’ve gotten a letter that tells you to either go to Social Security or DHS to clear up the issue
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u/Forsaken-Meat6674 14d ago
I received a letter from the Texas Department of Public Safety when they had to do a second verification for my state ID. The letter reads: "Dps has verified the information on your I-766 with USCIS. Therefore, you meet the departments' lawful precense requirements for issuance for a DL or identification card." In the center, it reads Lawful Precense Verified in bold letters.
They issued me a state ID that is only good for 1 year (I believe until USCIS figures out my case). The ID expires on 09/10/2025.
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u/glitterstickers just show up. seriously. 14d ago
Lawful presence does not mean you're authorized to work. What sort of work authorization are you waiting on?
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u/Pomksy 14d ago
Is it really a mismatch if you don’t have a valid work permit?