3.3 TENTATIVE NONCONFIRMATION (TNC)
A TNC means that the information entered into E-Verify does not match records available to SSA and/or DHS. It is possible for an employee to receive 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 case can result in a TNC with SSA because:
- The employee’s citizenship or immigration status was not updated with SSA.
- The employee did not report a name change to SSA.
- The employee’s name, Social Security number and/or date of birth are incorrect in SSA records.
- SSA records contain another type of mismatch.
- The employer entered the employee’s information incorrectly in E-Verify.
A case can result in a TNC with DHS because the employee’s:
- Name, Alien Number, Form I-94 number and/or foreign passport number are incorrect in DHS records.
- U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified.
- Information was not updated in the employee’s DHS records.
- Citizenship or immigration status changed.
- Record contains another type of error.
- Employer entered information incorrectly in E-Verify.
- Photo did not match.
IMPORTANT: Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because the employee received a 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. For more information, see Section 4.1 Close Case.
The following sections outline the specific steps required when a TNC case result is received.