Practice Tip: E-Verify and Tentative Nonconfirmation

The U.S. Citizenship and Immigration Services (USCIS) recently issued a reminder to employers that use E-Verify of their responsibilities when receiving a Tentative Nonconfirmation (TNC) result during the E-Verify process. When an E-Verify case returns a TNC result, the employer ought to take the following steps within 10 federal government working days of the issuance of the TNC or potentially face compliance action, up to and including termination of their E-Verify account:

  • Notify the employee of the TNC result as soon as possible within the 10-day period.
  • Provide the employee with a copy of the Further Action Notice.
  • Review the Further Action Notice with the employee and have the employee confirm whether the information listed at the top is correct. If the information listed is incorrect, then the employer should select the appropriate statement to indicate so, close the case and create a new one with the correct information.
  • If the information listed on the notice is correct, the employer should ask the employee to indicate whether they want to contest the TNC result within 10 days.
  • If the employee does not indicate his or her decision by the end of the 10-day period, the employer should close the case.

Starting November 5, 2020, employers with unresolved TNCs should expect to begin receiving notices from USCIS. Employers with outstanding TNCs should review them to determine whether certain E-Verify cases should be closed or additional action taken on them.

For further guidance regarding E-Verify compliance matters, do not hesitate to reach out to Employers Council.