E-Verify Updates the SSA TNC Process

On March 4, 2021, E-Verify updated the Social Security Administration (SSA) Tentative Nonconfirmation (TNC) process.

Now, employees who receive an SSA TNC with a citizenship mismatch have the option to call DHS to resolve their cases instead of visiting an SSA field office.  

These updates apply to cases created on the E-Verify website and in web services.

Learn more about SSA and DHS TNCs and how COVID-19 affects SSA TNCs.

DED for Liberia Reinstated, EADs Extended through June 30, 2022

On Jan. 20, 2021, President Biden issued a memorandum directing the secretary of Homeland Security to reinstate Deferred Enforced Departure (DED) for eligible Liberians and to provide for continued work authorization, through June 30, 2022. Accordingly, DHS automatically extends DED-related Employment Authorization Documents (EADs) with a printed expiration date of March 30, 2020, or Jan. 10, 2021, through June 30, 2022.

Completing Form I-9

When you complete or update Form I-9, Employment Eligibility Verification, refer to this Federal Register notice and the Liberia DED page, which provides confirmation that your employee’s EAD, if it has an expiration date of March 30, 2020, or Jan. 10, 2021, and states A-11 under Category, is automatically extended through June 30, 2022. After June 30, 2022, you will be required to reverify this employee’s work authorization on Form I-9.

Find more details on DED for Liberia on I-9 Central and instructions for completing Form I-9 on the Temporary Protected Status and Deferred Enforced Departure page.

E-Verify Records Disposal

On May 14, 2021, USCIS will dispose of E-Verify records that are more than 10 years old, which are those dated on or before Dec. 31, 2010. E-Verify employers have until May 14, 2021, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases.

For more information and guidance, see the Instructions to Download Historic Records Report and the E-Verify Records Retention and Disposal Fact Sheet.

Employers are required to record the E-Verify case verification number on the corresponding Form I-9, Employment Eligibility Verification, or attach a copy of the case details page to the Form I-9. Employers should retain the Historic Records Report with the Forms I-9. Annual announcement.

DHS Extends Form I-9 Requirement Flexibility (Effective Feb. 01, 2021)

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

This temporary guidance was set to expire January 31. Because of ongoing precautions related to COVID-19, DHS has extended the I-9 compliance flexibility policy an additional 60 days until March 31, 2021.

This provision only applies to employers and workplaces that are operating remotely. See the original DHS news release related to Form I-9 Flexibilities for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Employers must monitor the DHS and ICE websites for additional updates about when the extensions end and normal operations resume. E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see the temporary policies related to COVID-19 webpage for more information.

E-Verify extends timeframe for taking action to resolve Tentative Nonconfirmations 03/20/2020

E-Verify is extending the timeframe to take action to resolve Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) due to SSA office closures to the public. E-Verify is also extending the timeframe to take action to resolve Department of Homeland Security (DHS) TNCs in limited circumstances when an employee cannot resolve a TNC due to public or private office closures.

IMPORTANT: You must notify your employee about their TNC result as soon as possible. After your employee is notified of their TNC and decides whether to take action to resolve the TNC, the employee should acknowledge the decision on the Further Action Notice, and the employer should notify E-Verify of their employee’s decision. Employees who choose to take action to resolve a TNC are referred to SSA and/or DHS. Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.

UPDATE (01/26/2021):

If you have an employee who received a TNC who no longer works for you, you must wait for E-Verify to update the employee’s case so you can close the case in E-Verify. Employers must close all cases in E-Verify. Due to the extension for employees to resolve their TNCs, E-Verify will provide employers adequate time to close their cases once E-Verify updates these cases.

New Temporary Policies

We have implemented the following policies to minimize the burden on both employers and employees: Employers are still required to create cases for their new hires within three business days from the date of hire.

Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason.

Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.

Customer Support and Account Access

E-Verify Contact Center representatives are still available. Employers will still be able to access their E-Verify accounts and:

  • Enroll in E-Verify;
  • Create E-Verify cases;
  • Add, delete or edit any user account;
  • Reset passwords;
  • Edit company information;
  • Terminate accounts; and
  • Run reports or view any information about an account or case.

Resources

Please visit our resources webpage to learn more. Read the E-Verify User Manual for more information on interim case statuses.

For information on Social Security Administration operating status please visit ssa.gov/coronavirus.

Please be sure to check back for updates. We apologize for any inconvenience.

REMINDER:  Employer Action Required on Tentative Nonconfirmations within 10 Federal Government Working Days  

E-Verify requires enrolled employers take action on Tentative Nonconfirmations (TNCs) for their employees within 10 federal government working days. On November 5, 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 your users 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 of these 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:

  • 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 TNC is issued.

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. Please see E-Verify User Manual for more information on closing cases in E-Verify.

Extension of Validity of Certain Forms I-797 Due to Continued Employment Authorization Document (EAD) Delays

USCIS previously issued a notice indicating that certain Forms I-797, Notice of Action, are acceptable for Form I-9, Employment Eligibility Verification, through Dec. 1, 2020. DHS is now extending the validity of these Forms I-797. To complete Form I-9, new employees and current employees requiring reverification who are waiting for their EAD may continue to present a Form I-797 described below through Feb. 1, 2021 as a List C #7 document issued by the Department of Homeland Security that establishes employment authorization, even though the notice states it is not evidence of employment authorization. 

For the notice to be acceptable, it must include a Notice Date from Dec. 1, 2019, through and including Aug. 20, 2020, and indicate that USCIS has approved the employee's Form I-765, Application for Employment Authorization. The last day that both new and current employees may present this notice to complete Form I-9 is Feb. 1, 2021. New employees will also need to present an acceptable List B identity document.

Employers who entered a Dec. 1, 2020 expiration date on Form I-9 for employees who presented this Form I-797 as a new hire or for reverification as directed in the original notification must update their employees' forms to document continued employment authorization. To do so, write Employment Authorization Ext Until 02/01/2021 in the Additional Information box in Section 2 of Form I-9.

By Feb. 1, 2021, employers must reverify employees who presented this Form I-797 as a List C document. These employees must present new evidence of employment authorization -- either their new EAD or any other acceptable documentation they choose -- from either List A or List C.

New E-Verify Enrollment Video

Enrolling in E-Verify is a simple and easy process, open to any U.S. employer.  To help you get started, we launched a short E-Verify Enrollment video showing the step-by-step process. After watching the enrollment video, visit our Enrollment website to see additional resources and enroll.

E-Verify Web Services Listening Session

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in an

E-Verify Web Services (WS) Listening Session on Jan. 14 from 2 – 3 p.m. Eastern.

The Listening Session will provide an opportunity for the WS community to:

  • Offer valuable feedback on their experiences, and
  • For USCIS to inform the WS community of known upcoming enhancements in FY21.

Your feedback may support future process improvements.

You must pre-register to attend this event. USCIS is using Cisco Webex as the platform for our listening session. If you have never joined a Cisco Webex session before, please prepare your web browser when you pre-register.

We will send a confirmation email and invitation for the session to the email address you provide. Space is limited, so register early. Please log in 15 minutes before the session starts.

For questions and additional information, please email us at E-VerifyOutreach@uscis.dhs.gov.

Completing Form I-9 for Employees with Extended Work Authorization under DACA

When completing Form I-9, employees may choose to present their unexpired Form I-766, Employment Authorization Document (EAD) with Category code of C33 that was issued on or after July 28, 2020, along with an I-797 Extension Notice issued by USCIS that shows a one-year extension of their deferred action and work authorization under Deferred Action for Childhood Arrivals (DACA).

In Section 1, employees may enter the end validity date from the notice in the “Authorized to Work Until” field.

If your employee presents this document combination, you must enter the end validity date from their notice in the Expiration Date field in Section 2. Enter DACA Ext. in the Additional Information field.

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