E-Verify Tentative Nonconfirmation (TNC)

If the information entered in E-Verify does not match Social Security Administration (SSA) and/or Department of Homeland Security (DHS) records, the employer may receive a Temporary Nonconfirmation (TNC) and must give the employee an opportunity to resolve the mismatch. Employers have 10 federal government working days to complete the process. If the TNC is from both the DHS and SSA, the employee has 8 federal government working days to contact both agencies to contest the mismatch.

Employers may not terminate or take adverse action against an employee because of a TNC while DHS or SSA is reviewing the employee’s case. The employee may continue to work while resolving the mismatch unless and 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.

Common causes of mismatches:

SSA:

• Employee didn’t update citizenship or immigration status with SSA.
• Employee did not report name change to SSA.
• Employee name, Social Security number, or date of birth is incorrect in SSA records.
• Employer did not enter the employee’s information correctly.

DHS:

• Employee’s name, Alien Registration Number (A-Number), USCIS Number, Form I-94 number, or foreign passport number are incorrect in DHS records.
• Employee’s U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified.
• Employee’s DHS record is not up to date.
• Employee’s citizenship or immigration status changed.
• Employer did not enter the employee’s information correctly.

What to do if you receive a TNC:

1. Inform the employee of the TNC result as soon as possible in private and provide a copy of the Further Action Notice;
• If the information on the Further Action Notice 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 the employee with the correct information.
2. Allow the employee the option to take action on the TNC, and let the employee know they have until the 10^th day after the issuance of the TNC to notify you if they plan to take action or not. Have the employee indicate their decision on the Further Action Notice and sign it. Provide a copy of the signed Further Action Notice to the employee.
• If the employee decides to take action, print and provide the employee with the Referral Date Confirmation.
• If the employee decides not to take action, close the case in E-Verify and indicate whether or not you will continue to employ the employee.
• If the employee did not give you their decision whether to contest the TNC within 10 federal government working days after E-Verify issued the TNC result, then you should close the case by selecting “The employee will not take action” and indicate whether you will continue to employ the employee.
• Select “Neither of the options above apply – I am closing this case for a different reason.”
• Click drop-down list and select “Other.”
• Type “Administrative / Employee Unavailable” or “Employee chose not to make a decision” in the text box.

For more information about E-Verify, visit www.e-verify.gov.