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If an employee’s employment eligibility cannot be verified based on the information submitted to E-Verify, or the employee failed to visit SSA and/or call DHS within 8 federal government workdays after referral, the employer will receive a Final Nonconfirmation case result in E-Verify. An employer receiving a Final Nonconfirmation response may terminate the employee and will not be civilly or criminally liable for the termination, as long as the action was taken in good faith reliance on the information provided through E Verify as noted in in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU.

The form employers are required to complete with an employee when they hire an employee to perform labor or services in return for wages or other remuneration.  This requirement applies to all employees hired after November 6, 1986.

A notice generated from E-Verify that the employer must give to an employee whose E-Verify case receives a Tentative Nonconfirmation (TNC). Employees who decide to take action on the TNC must contact or visit the appropriate agency within 8 Federal Government working days with this notice to initiate resolution of the E-Verify case.

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