E-Verify Tentative Nonconfirmations “Action Required” within “10 Federal Government Working Days”

By Thomas Brechtel, CRO

E-Verify requires employers to take action on Tentative Nonconfirmations (TNCs) for their employees within 10 federal government working days. In November of 2020, E-Verify began notifying employers not in compliance with this legal requirement to take action to meet the requirement.

Having TNC cases that remain open and without action for an extended period of time may suggest that employers are either not referring TNC cases to the Social Security Administration or Department of Homeland Security when the employee chooses to take action to resolve the TNC…..OR…….are not closing the case when an employee chooses not to take action to resolve the TNC. Both are violations that may lead to compliance action, up to and including termination of your E-Verify account.

Completing the TNC process strengthens E-Verify system integrity and helps ensure employers close E-Verify cases according to program requirements. See Section 3.3 of the E-Verify User Manual.

Employers are reminded that if you receive a TNC result for your employee, you must complete the following steps in E-Verify within 10 federal government working days after issuance of the TNC result:

  1. Notify your employee of their TNC result as soon as possible within the 10 days.
  2. Give your employee a copy of the Further Action Notice.
  3. Review the Further Action Notice with your employee in private and have them confirm whether the information listed at the top is correct.
  4. If the information is incorrect, close the case and select the statement indicating the information was not correct.
    1. After the case is closed, create a new case for your employee with the correct information.
  5. If the information is correct, proceed to the next step.
  6. Tell the employee he or she must decide whether to take action on the TNC by the 10th day after TNC is issued.
  7. 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.

E-Verify Monitoring and Compliance

USCIS protects E-Verify against system misuse through monitoring and compliance activities, such as identifying and resolving compliance issues, notifying employers of noncompliant behaviors, and offering compliance assistance in the form of emails, phone calls, desk reviews, and site visits. These monitoring and compliance activities assist and encourage E-Verify participants to use E-Verify as required by laws, rules, regulations and agency policies applicable to E-Verify and Form I-9, Employment Eligibility Verification.

E-Verify Monitoring and Compliance:

  • Detects employer misuse.
  • Identifies and deters possible discriminatory practices.
  • Gives guidance on the proper use of E-Verify.
  • Contacts employers about potential case processing errors.
  • Conducts desk reviews and site visits to assist employers with E-Verify program compliance.

 

To learn more about how Form I-9 Compliance LLC can help your “compliance requirements” related to Form I-9 and E-Verify processes and procedures, please contact us directly at 866.359.4949 and schedule a call to speak to one of our I-9 experts.

 

Source: https://www.e-verify.gov/employers/verification-process/tentative-nonconfirmations/ssa-and-dhs-tncs