What must an employer do in the event of a final non-confirmation?

In the event of a final non-confirmation, the correct course of action for an employer is to terminate the employee if they cannot provide the necessary documentation to resolve the issue. A final non-confirmation occurs when an employee's information does not match the records held by the government after all attempts to verify their employment eligibility.

The employer has specific legal responsibilities regarding employment authorization, and if the employee is unable to present sufficient documentation to clarify their eligibility status, the employer must take action. Continuing employment without the proper verification could expose the employer to legal risks and penalties under immigration laws.

In contrast, reassigning the employee to a different position does not resolve the underlying issue of the non-confirmation, and extending the verification period does not provide a solution if there is still no valid documentation. Filing an appeal on behalf of the employee might seem like a supportive action, but it is not the employer’s responsibility to handle appeals for employees who have not been successfully verified after the final non-confirmation notice. Therefore, the employer must proceed with termination in compliance with the law.