In early November, E-Verify began notifying employers not in compliance with a new 10-day requirement to take action on tentative nonconfirmations (TNCs) for their employees.
What do I need to do? Employers receiving a TNC must complete the following steps in E-Verify within 10 federal work days:
- Notify your employee of their TNC result as soon as possible within the 10 days.
- Give your employee a copy of the Further Action Notice.
- Review the Further Action Notice with your 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.
- Tell the employee he or she has to decide whether to take action on the TNC by the 10th day after the TNC is issued.
- If your employee does not give you a decision by the end of the 10th federal government working day after E-Verify issued the TNC, close the case.
USCIS warned that having TNC cases that remain open without action for an extended period of time, or not closing the case when an employee chooses not to take action to resolve the TNC, “are violations that may lead to compliance action, up to and including termination of your E-Verify account.”
Tip for Employers: Review TNC cases as a matter of routine to identify and resolve those that are approaching the 10-day deadline. Automating reminders for the entire E-Verify process may help to stay on top of all E-Verify requirements, including this new one.
Contact your WR attorney for advice in specific situations.
- USCIS notice, https://www.uscis.gov/i-9-central/form-i-9-related-news/e-verify-requirement-employer-action-required-on-tentative-nonconfirmations-within-10-federal
- For more information on closing cases in E-Verify, see the E-Verify User Manual, https://www.e-verify.gov/e-verify-user-manual
- USCIS E-Verify site, https://www.e-verify.gov/