Starting November 5, 2020, E-Verify will begin notifying employers who are not in compliance with TNC requirements to take action.
Both employers and employees have responsibilities when it comes to the I9 e-verify system. First employees provide documentation information for the I9 and the employer submits it to E-verify.
Next, the employer waits for an Employment Authorized result or a Tentative Nonconfirmation (TNC) case notice. E-Verify works by comparing the information employees provide for Form I-9, Employment Eligibility Verification, against records available to SSA and DHS. Generally, if the information matches, the employee’s case receives an Employment Authorized result in E-Verify. If the information does not match, the case will receive a Tentative Nonconfirmation (TNC) result and the employer must give the employee an opportunity to take action to resolve the mismatch.
Third, employers must complete the following steps in E-Verify within 10 federal government working days after issuance of the TNC result:
- Notify the employee of their TNC result as soon as possible within the 10 days.
- Give the employee a copy of the Further Action Notice.
- Review the Further Action Notice with the employee in private and have them confirm whether the information listed at the top is correct.
- If the information is incorrect, close the case and select the statement indicating the information was not correct. After the case is closed, create a new case for your employee with the correct information.
- If the information is correct, proceed to the next step.
- The employee will decide whether to take action on the TNC. Tell the employee they have 10 days from issuance of the TNC to notify you whether they will take action on the TNC.
- If your employee does not give you their decision by the end of the 10th federal government working day after E-Verify issued the TNC, then you close the case. Please see the E-Verify User Manual for more information on closing cases in E-Verify (link in references below).
Things to Know:
A TNC for an information mismatch against SSA records may result because:
- The employee has not updated his or her citizenship or immigration status with SSA
- The employee did not report a name change to SSA
- The employee’s name, Social Security number or date of birth is incorrect in SSA records
- SSA records contain another type of mismatch
- The employer entered the employee’s information incorrectly in E-Verify
A case can result in a TNC with DHS because the employee’s:
- Name, Alien Number, Form I-94 number and/or foreign passport number are incorrect in DHS records
- U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified
- Information was not updated in the employee’s DHS records
- Citizenship or immigration status changed
- Record contains another type of error
- Information was entered incorrectly in E-Verify by the employer
IMPORTANT: Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the TNC, until the TNC becomes a Final Nonconfirmation.
If the employee chooses not to take action on the TNC, the employer may terminate employment with no civil or criminal liability as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU. The case can be treated as a Final Nonconfirmation and the employer should close the case in E-Verify.
The E-Verify Memorandum of Understanding MOU for Employers