An "SSA Tentative Nonconfirmation (TNC)" results when the information entered in E-Verify does not initially match Social Security Administration (SSA) records. An "SSA TNC"does not necessarily mean that the employee is not authorized to work in the United States.
An "SSA TNC" case result may occur because the employee's:
Both the employer and employee have responsibilities when E-Verify returns an "SSA TNC" result:
1. Employer notifies the employee of the "SSA TNC."
When E-Verify displays an "SSA TNC" case result, the employer must first notify the employee of the "SSA TNC." To notify the employee, the employer must print the Further Action Notice and provide to it to the employee. The Further Action Notice is a critical document that explains
The Further Action Notice also provides instructions to the employer for notifying an employee of an "SSA TNC." Specifically, the employer must
2. Employee decides whether to contest the "SSA TNC."
Employees also have certain rights and responsibilities after having received an "SSA TNC." After receiving an "SSA TNC," the employee must decide whether to contest it and indicate so on the Further Action Notice.
If the employee contests the "SSA TNC," the employer must take the next step in E-Verify and refer the employee to SSA.
If the employee does not contest the "SSA TNC," the TNC result is then considered an "SSA Final Nonconfirmation," and the employer may terminate the employee based on E-Verify. In this case, the employer must close the case in E-Verify and indicate whether the employee was terminated.
3. Employer refers the employee's case to SSA.
An employee who chooses to contest an "SSA TNC" must visit an SSA field office in person. When the employer refers the case to SSA, E-Verify will generate a Referral Date Confirmation which the employer must print and give to the employee. The Referral Date Confirmation provides the employee the date by which he or she must visit an SSA field office to resolve the “SSA TNC.” The employee should refer to the Further Action Notice for instructions to resolve the mismatch. It is important that the employee shows a copy of the Further Action Notice to the representative when they visit an SSA field office.
The employee must be allowed to continue working while he or she resolves the mismatch. In addition, an employer may not take any adverse actions, such as delaying training or reducing work hours, against an employee because of the “SSA TNC” while his or her case status is an "Employee referred to SSA."
4. Employee visits SSA to resolve the mismatch.
Once the employer refers the case in E-Verify, the employee then has 8 Federal Government working days to visit an SSA field office. When visiting SSA, the employee should bring the Further Action Notice along with any required documents. The Further Action Notice explains what documents are required to resolve the different types of possible mismatches.
If the employee does not visit SSA, E-Verify will automatically change the employee's case status to "SSA Final Nonconfirmation" after 10 Federal Government working days have passed since the case was referred. Only after an employee receives an "SSA Final Nonconfirmation" may the employer terminate the employee based on E-Verify.
5. SSA updates the employee's case in E-Verify.
If the employee is successful in resolving the mismatch, SSA will update its records and the employee's case in E-Verify. It may take up to two Federal Government working days after a mismatch is resolved for the employer to see the updated case status in E Verify.
E-Verify features a case status alert that will notify the employer of an update in an employee's case when the employer logs in to E-Verify.
In most cases, SSA will update the employee's case with a final case result, which can be either "Employment Authorized" or "SSA Final Nonconfirmation." Occasionally, SSA may require the employer, employee or the U.S. Department of Homeland Security (DHS) to take additional action before a final case result can be issued. In these cases, SSA will update the employee's case to reflect one of the following results:
The above three case statuses are considered temporary and an employer may not take any adverse actions against an employee whose case reflects any of these statuses. Under the law, the employee must be allowed to continue working until a final case status is displayed in E-Verify.
6. Employer closes employee's case in E-Verify.
Once the employee has received a final case status, such as "Employment Authorized" or "SSA Final Nonconfirmation," the employer must close the case in E-Verify. If the employee received an "SSA Final Nonconfirmation," the employer must also indicate whether the employee was terminated.
Last Reviewed/Updated: 01/17/2014