- An DHS or SSA TNC means that the information your employer entered in E-Verify from your Form I-9, Employment Eligibility Verification, did not match records available to DHS or SSA.
- An DHS or SSA TNC case result does not necessarily mean that you are not authorized to work in the United States.
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An SSA TNC may occur if:
- Your citizenship or immigration status was not updated with SSA.
- You did not report your name change to SSA.
- Your name, Social Security number, or date of birth is incorrect in SSA records.
- Your SSA records contain another type of mismatch.
- Your employer did not enter your information correctly.
A DHS TNC may occur if:
- Your name, Alien Registration Number (A-Number), Form I-94 (Arrival-Departure Record) number, and/or foreign passport number are incorrect in DHS records.
- Your U.S. passport, passport card, driver’s license, foreign passport, or state ID card information could not be verified.
- Your information was not updated in DHS records.
- Your citizenship or immigration status changed.
- Your record contains another type of error.
- Your employer did not enter your information correctly.
According to E-Verify Website
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.
Employers must understand and follow the proper E-Verify procedures which are designed to ensure fair treatment and due process for all employees.
If E-Verify cannot instantly confirm employment eligibility, it must manually review government records. E-Verify will try to do this within 48 hours to let the employer know whether or not the employee is authorized to work.
It is possible for E-Verify to issue a dual TNC, which means the case received a TNC result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. E Verify identifies the agency or agencies associated with the mismatch in the TNC Further Action Notice.
|A TNC for an information mismatch against SSA records may result because:||A case can result in a TNC with DHS because the employee’s:|
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.
Both the employer and employee have responsibilities when E-Verify returns a TNC result:
|1. Employer notifies the employee of the TNC.||
When E-Verify displays a TNC case result, the employer must first notify the employee of the TNC. To notify the employee, the employer must print the Further Action Notice and provide to it to the employee. The Further Action Notice is a critical document that lets the employee know:
The Further Action Notice also provides instructions to the employer for notifying an employee of a TNC. Specifically, the employer must:
|2. Employee decides whether to contest the TNC||
Employees also have certain rights and responsibilities after having received a TNC. After receiving a TNC, the employee must decide whether to contest it and indicate so on the Further Action Notice.
An employee who chooses to contest an SSA TNC must visit an SSA field office within eight federal government working days to begin resolving the TNC. An employee who chooses to contest a DHS TNC must call DHS within eight federal government working days to begin resolving the TNC.
If the employee chooses not to contest a TNC, the case then results in Final Nonconfirmation, and the employer may terminate the employee based on E-Verify. At this point, the employer must close the case in E-Verify and indicate whether the employee was terminated.
|3. Employer refers the employee's case to SSA or DHS.||
An employee who chooses to contest a TNC must visit an SSA field office in person if a SSA TNC is received or call DHS within 8 federal government working days for a DHS TNC. When the employer refers the case, E-Verify will generate a Referral Date Confirmation which the employer must print and give to the employee. The Referral Date Confirmation provides the employee the date by which he or she must visit an SSA field office or call DHS to resolve the TNC.
It is also important for the employer to provide a copy of the Further Action Notice to the employee so they can refer to it for instructions to resolve the mismatch and show a copy of it to the representative if they visit an SSA field office.
If the employee contests a DHS TNC issued because of a photo mismatch (meaning the employer indicated that the photo displayed by E-Verify did not match the photo on the employee's document), the employer must also make a copy of the document the employee provided and submit it to DHS for review. The employer may either scan and upload an image of the document or send a copy of the document via express mail at the employer's expense.
The employee must be allowed to continue working while he or she resolves the mismatch. In addition, an employer may not take any adverse actions, such as delaying training or reducing work hours, against an employee because of a TNC while the case status is an Employee referred to SSA or DHS.
|4. Employee takes action to resolve the mismatch.||
Once the employer refers the case in E-Verify, the employee has 8 Federal Government working days to visit an SSA field office or call DHS. When visiting SSA or contacting DHS, the employee should have the Further Action Notice along with any required documents. The Further Action Notice explains what documents are required to resolve the different types of possible mismatches.
If the employee does not take the required action to resolve the TNC within 10 Federal Government working days after the case is referred, E-Verify will automatically change the employee's case status to SSA or DHS Final Nonconfirmation. Only after an employee receives an SSA or DHS Final Nonconfirmation may the employer terminate the employee based on E-Verify.
|5. Case updates in E-Verify.||
If the employee is successful in resolving the mismatch, SSA or DHS will update its records and the case in E-Verify. It may take up to two Federal Government working days after a mismatch is resolved for the employer to see the updated case status in E-Verify.
E-Verify features a case status alert that will notify the employer of an update in a case when the employer logs in to E-Verify.
In most SSA TNC cases, SSA will update the case with a final case result, which can be either Employment Authorized or SSA Final Nonconfirmation. Occasionally, SSA may require the employer, employee or DHS to take additional action before a final case result can be issued. In these cases, SSA will update the case to reflect one of the following results:
An employer typing error in E-Verify.
The employee provided incorrect information on the Form I-9, Employment Eligibility Verification form.
The above three case statuses are considered temporary. While a case is in continuance, the employer cannot terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the employee because the employee received a TNC.
In most DHS TNC cases, DHS will update the employee's case with a final case result, which can be Employment Authorized, DHS No Show or DHS Final Nonconfirmation. Occasionally, DHS may require the employee to take additional action before issuing a final case result. In these situations, DHS will update the employee's case to Case in Continuance.
In rare cases, DHS may need more than 10 Federal Government working days to confirm employment eligibility. This can happen for a number of reasons, including if an employee has lost the document that was presented for I-9 completion and has applied for a replacement document. The employee must contact DHS and attempt to resolve the TNC before DHS can put a case in continuance.
Case in Continuance is considered a temporary case status. While a case is in continuance, the employer cannot terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against the employee because the employee received a TNC.
|6. Employer closes employee's case in E-Verify.||
Once the employee has received a final case status, such as Employment Authorized or SSA or DHS Final Nonconfirmation, the employer must close the case in E-Verify. If the employee received an SSA or DHS Final Nonconfirmation, the employer must also indicate whether the employee was terminated.
If the employee no longer works for the employer even before the TNC process has been started, the employer should close the E-Verify case and indicate that the employee is no longer working for the company. Since the TNC has not been referred to the corresponding government agency (DHS, SSA, or both) the employer will only be able to close the case due to incorrect data.
For more information, including specific instructions for following TNC procedures in E-Verify, review the E-Verify User Manual.
For the latest information, always check below reference links.
Reference E-Verify Links
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