Helping You Make Sure Employees Understand the E-Verify TNC Process
By Jason Fry
On October 5, E-Verify introduced a new requirement for employers to take action on Tentative Nonconfirmations (TNCs) within 10 federal business days.*
Updated March 9, 2021
The E-Verify TNC Process for Employees
On October 5, E-Verify introduced a new requirement for employers to take action on Tentative Nonconfirmations (TNCs) within 10 federal business 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.
On November 2, E-Verify distributed their second email in the series, which provides for employees during the TNC process.
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.
The 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.
Helping Make Sure Your Employees are Aware of Their Responsibility in the TNC Process
On November 23, E-Verify distributed another email in the series, encouraging employers to make their employees aware of their responsibility in the TNC process. U.S. Citizenship and Immigration Services (USCIS) is asking employers to offer an overview of the TNC that includes the employer and employee responsibilities.
Where To Find Helpful Information About TNC’s
On November 9, E-Verify sent out their third communication in the TNC series with links to the following TNC resources:
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.