You must provide an employee who receives a Tentative Nonconfirmation (TNC) with the E-Verify-generated TNC notice. You must also allow the employee to contest the TNC if he or she chooses to do so. Employees must be allowed to continue to work without penalty during the TNC process. Failing to allow an employee to contest a TNC is a violation of the MOU and could be grounds for suspension or debarment. Taking adverse action against an employee based on a TNC alone may violate the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b.
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