E-Verify Enforces TNC Action Requirements for Employers

The E-Verify TNC Process for Employees

On October 5, 2020, E-Verify introduced a new requirement for employers to take action on Tentative Nonconfirmations (TNCs) within 10 federal working days. E-Verify also launched a series of email communications to help employers better understand these responsibilities. We recently reviewed the first of these communications in our blog: E-Verify Reminds Employers of TNC Responsibilities.

In late May 2021, employers with open TNCs over the 10-day limit started receiving termination confirmation notices from E-Verify indicating that their participation in the E-Verify program would be suspended.  While many of these notices are for TNCs over the 10-day rule, others are for non-use of the E-Verify service.  It is important for employers to make sure their contact and account information is correct and up to date in the E-Verify system.  E-Verify sends the notices to the registered contact.  If it is someone who is no longer with your company or an email box that is no longer monitored, the employer may not know of the coming termination and would only find out when they could no longer access the E-Verify system.  If an employer receives one of these notices they must contact E-Verify  Customer Support or their Employer Agent to help rectify the situation.  It is important for employers to understand the TNC process and adhere to the instructions to keep their E-Verify accounts in good standing.

This is a good time to review the TNC process and make sure all E-Verify users understand the elements and timelines associated with the steps to process a TNC.  According to E-Verify, in the event that an employee receives a TNC, the employer must provide them with the Further Action Notice and discuss the matter privately. The following steps should then be taken by the employee:

• Read the Further Action Notice within 10 federal government working days after E-Verify issued the TNC and ensure that their name, date of birth and Social Security number are correct.
• Notify the employer immediately if any information is incorrect. The Further Action Notice explains what a TNC is, how to visit a Social Security Administration (SSA) field office or contact the U.S. Department of Homeland Security (DHS) and how to contest the TNC.
• Decide whether or not to contest the TNC case result and notify the employer of their decision within the 10 day window after E-Verify issued the TNC.

Contesting a TNC and Further Action
If the employee decides to contest the TNC:

• The employer must refer the case to DHS or SSA through E-Verify.
• The employer should give the employee a Referral Date Confirmation, which provides the date by which the employee must visit an SSA field office or contact DHS.
• The employee should visit an SSA field office or contact with the DHS within eight federal working days.

On March 5, 2021 E-Verify announced employees who receive an SSA TNC with a citizenship mismatch have the option to call DHS to resolve their cases instead of visiting an SSA field office. E-Verify updated the SSA and Dual TNC Further Action Notices to include guidance informing employees of this change. If DHS is able to resolve the TNC, employees will not need to visit an SSA field office. The updates apply to cases created on the E-Verify website and in web services.
The final step for the employee is to wait for the employer to inform them of the final E-Verify case result, which will indicate whether E-Verify confirmed the employee’s work authorization.

If the employee decides not to contest the TNC: 

• The employer may terminate the employee’s employment because of the TNC and there are no additional steps for the employee to take.T
• he employer should then close the case in E-Verify.

If the employee does not notify the employer about their decision to contest or not contest the TNC within the 10-day window, the employer should close the case. The employer may terminate the employee’s employment and there are no additional steps for the employee to take.

It’s important to note that employers may not take any adverse actions against an employee because of the TNC or because the E-Verify case is still pending until the TNC becomes an E-Verify Final Nonconfirmation. 

Where To Find Helpful Information About TNC’s
On November 9, 2020, E-Verify sent out their third communication in the TNC series with links to the following TNC resources:

• 3.3 Tentative Nonconfirmation E-Verify User Manual
• Common E-Verify Questions
• Tentative Nonconfirmations
• Tentative Nonconfirmation (TNC) Overview
• How to Process a Tentative Nonconfirmation
• Tips to Prevent a TNC
• Employer Resources

You can also learn more about the TNC process in the E-Verify manual.

Need Help With E-Verify?
Learn more about how an integrated Form I-9 and E-Verify system can help to make the TNC process easier. Discover I-9 Management by Equifax Workforce Solutions and see how our E-Verify dashboards give you and your team a real-time and actionable view into your I-9 program. Detailed views, role-based access, user-level customization, filtering and drill-down reports put critical data at your fingertips making it easier for you to stay on top of your E-Verify cases.