Bit of a timing issue with foreigners who were previously in the US and then come back who already have SSNs. The SSA says wait ten days before applying on SS-5 for an update to the SSN record because it takes them that long to get the information from DHS. However the employee can file the SS-5 then go to the employer who has to run E-verify on them (might even be the same day). There is a field for "doesn't have an SSN yet" as a reason for delay but not for "waiting for SSA update". The employee has a previously issued SSN, if they give that to the employer clearly E-verify will reject them as the SSA has yet to update the record. The user manual says it must be done in the same three business day window as for the I-9 unless they're waiting on an SSN - well they're not, they're waiting on the SSA to update their SSN record. In speaking to the SSA they said the amount of time can vary by the office where the SS-5 is filed. No point sending the employee back to the SSA to update a record that the employee knows is waiting to be updated.
Or you could have a situation where the employee enters the US, is in the ten-day waiting period, but has to start work so the information they give to the employer is clearly not going to be right because they have an SSN but haven't been able to file the SS-5 yet.
The guidance needs to be a bit clearer I think and there needs to be a bit more co-ordination with the SSA.
Obviously the employer can list it under "other" as a reason for not running E-verify straight away but it's a bit of a messy situation.