SUPPLEMENTAL GUIDE FOR E-Verify EMPLOYER AGENTS

3.1.1 TENTATIVE NONCONFIRMATION (TNC) PROCESS SUMMARY

A TNC case result means that the information entered into E-Verify does not initially 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. A TNC does not necessarily mean that the employee is not authorized to work in the United States; however, additional action is required to resolve the issue. Below is a summary of actions required of you, your client and the employee during the TNC process.

E-VERIFY EMPLOYER AGENT ACTION

  • Notify the client of the TNC case result.
  • Print the Further Action Notice and send it to the client.
  • Instruct the client to review the Further Action Notice privately with the employee.
  • Instruct the client to have the employee indicate on the Further Action Notice whether or not he or she will take action to resolve the TNC.
  • Instruct the client to have the employee sign and date the Further Action Notice printed in English, and then provide the employee a copy of the Further Action Notice in English (and a translated version, if appropriate).
  • Instruct the client to keep the original signed Further Action Notice on file with Form I-9.
  • Take next action based on the employee’s decision to take action or not regarding the TNC.

If the employee will take action to resolve TNC:

  • Print the Referral Date Confirmation and provide it to the client.

THE CLIENT'S ACTION

  • Review the Further Action Notice privately with the employee.
  • Have the employee indicate whether he or she will take action to resolves the TNC on the Further Action Notice.
  • Instruct employee to sign and date the Further Action Notice.
  • Provide a copy of the signed Further Action Notice to the employee.
  • Keep the original signed Further Action Notice on file with the employee's Form I-9.
  • Send a copy of the signed Further Action Notice to the E-Verify employer agent.
  • If the employee chooses to contest the TNC, provide him or her with the Referral Date Confirmation.

THE EMPLOYEE'S ACTION

  • Decide whether or not to take action to resolve the TNC and indicate choice on the Further Action Notice.
  • Acknowledge receipt of TNC by signing and dating the Further Action Notice.
  • Take next action based on decision to contest or not to contest the TNC.

If employee will take action to resolve TNC:

  • Visit an SSA field office with a copy of the Further Action Notice and/or contact DHS within 8 federal government working days.
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