Who can contest a nonconfirmation in the E-Verify system?

In the context of E-Verify, when there is a nonconfirmation, it is the employee's responsibility to contest the findings. This process is crucial because a nonconfirmation indicates that the information provided during the verification did not match what the U.S. government has on file, which could impact the employee's ability to work legally.

The employee must initiate the dispute by contacting the relevant agency to clarify the discrepancies found in their data. This allows them to address any potential issues with their immigration status or error in records. While employers play a role in the E-Verify process by submitting information and notifying employees of the nonconfirmation, the right to contest this finding ultimately rests with the employee.

Consequently, the employer cannot contest the nonconfirmation on behalf of the employee, although they may support the employee during this process. Other options, such as contesting jointly or allowing anyone in the company to contest, are not aligned with the actual protocol in E-Verify. The procedures are designed specifically to ensure that the individual whose verification is in question directly engages with the process to resolve any issues.