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24 September 2013

Improvements to the E-Verify Tentative Nonconfirmation Process

Fewer screens, less pages to print, use of plain language, and email notifications to employees are highlights of recent enhancements to E-Verify.

Employee Email Notifications

In July, E-Verify added a field to enter the employee’s email address from Form I-9, Employment Eligibility Verification. On the Form I-9, the email address field is optional.  However, employers who use E-Verify must now enter the email address if the employee chooses to include it on Form I-9. This enables E-Verify to communicate directly with employees.

There are now four possible emails an employee may receive.
  1. Notification from E-Verify of a Tentative Nonconfirmation, A tentative nonconfirmation (TNC) occurs if the information your employer entered in E-Verify from your Form I-9 did not match Department of Homeland Security (DHS) or Social Security Administration (SSA) records. A TNC case result does not necessarily mean that you are not authorized to work in the United States.
  2. An email confirming that the employee has decided to contest the TNC and that the employer referred the case to DHS or SSA. This email also states the date by which the employee must contact DHS or SSA to begin to resolve the TNC.
  3. An additional email will be sent if the employee decided to contest the TNC but has not contacted DHS or SSA within four days of the date that the case was referred.
  4. This email is not related to a TNC. When E-Verify confirms employment eligibility for a naturalized citizen according to DHS records, but also finds that records with SSA have not been updated since the employee naturalized, the email will advise the employee to visit an SSA field office to update the record.
Further Action Notice

On September 9, the E-Verify  Tentative Nonconfirmation (TNC) process became clearer for both employers and employees.  When a TNC occurs, the employer must promptly inform the employee by providing the notice generated by E-Verify, then must allow the employee to decide whether or not to contest the TNC.

The new Further Action Notice includes the content of both the former TNC Notice and the Referral Letter. This has reduced redundancy and streamlined the TNC process. The Further Action Notice is in plain language so the employee can easily understand the steps to follow.

Referral Date Confirmation

If the employee decides to contest a TNC, the employer is required to give the employee the new, one-page Referral Date Confirmation. The Referral Date Confirmation has the date by which the employee must contact DHS or visit a SSA office to start resolving the TNC.

Samples of the Further Action Notice and Referral Date Confirmation are available on the E-Verify website in English and in 17 other languages.

Learn more about these improvements on the E-Verify enhancements Web page or by joining one of our free webinars.

These enhancements do not change an employer’s responsibility to adhere to E-Verify’s rules and respect employees’ rights.  

Learn more about your rights by reviewing the Employee Rights Toolkit

E-Verify is a free web-based service that allows enrolled employers to quickly verify the employment eligibility of new employees. 

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