Do not require the user to 'lie' by indicating that the photos match when E-Verify does not return a photo for a document subject to photo matching. If there is no photo available from E-Verify to match to the employee's document, then the photo matching step should be skipped. This should be the case using the E-Verify website as well as Web Services.
E-Verify should not prompt the user to indicate that no photo displayed when a Photo Match document is used on Form I-9. E-Verify should already know that no photo exists and not prompt the user at all. Asking users to indicate that no photo displayed will result in users responding incorrectly saying that no photo was displayed when one was.
E-Verify should be hardened to minimize user errors.