Federal law prohibits employers from discriminating against applicants and employees because of their national origin, citizenship or immigration status when verifying employment authorization through E-Verify. If you feel that your employer has discriminated against you, contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices toll-free at 800-255-7688, or write:
Office of Special Counsel for Immigration-Related Unfair Employment Practices
Civil Rights Division, Department of Justice
950 Pennsylvania Ave. NW
Washington, DC 20530
For more information about discrimination on the basis of national origin or citizenship status during the E-Verify process, you may visit www.justice.gov/crt/about/osc.
If you contest a TNC, your employer may not terminate or suspend your employment, delay your training or employment start date, withhold or lower your pay, or take any other adverse action against you based on your decision to contest or during the time your case is still pending with the Department of Homeland Security or the Social Security Administration.
Your employer may terminate your employment, however, if you choose not to contest a TNC. For additional information on employee rights and responsibilities, click here.
You must call DHS at 888-897-7781 within eight federal government workdays of the date of referral. You should have your Further Action Notice and your case verification number available. You may be asked to provide information about your immigration status, including dates when your status may have changed.
No, it may take longer than eight federal government workdays for SSA to resolve a TNC. However, employees must visit the SSA field office within eight federal government workdays.
No, your employer may not ask you to obtain a printout from SSA records or other written verification of your Social Security number from SSA.
You must visit your local SSA field office within eight federal government workdays of the date of referral. Only SSA field offices that handle enumeration cases can process E-Verify cases. To locate an SSA field office that handles enumeration cases, visit SSA’s website at www.socialsecurity.gov or call SSA at 800-772-1213.
What to take with you to SSA:
- Further Action Notice
- All original documentation that includes:
- Your name (and, if applicable, other legal names you have had)
- Social Security number
- Citizenship status
- Date of naturalization (if applicable).
If you contest the TNC, you must indicate your decision on the Further Action Notice and return it to your employer. The Further Action Notice includes instructions on how to contact either Social Security Administration (SSA) or the Department of Homeland Security (DHS) to begin resolving your case.
If you choose to contest the TNC, you must either visit SSA in person or contact DHS by phone (depending on the instructions contained in the Further Action Notice) within eight federal government workdays of the date of referral to begin resolving your case.
If you choose not to contest the TNC, you are accepting that your employer may terminate your employment with no civil or criminal liability.
Make sure that your employer provides you with a printout of the Further Action Notice. This Further Action Notice will give you with details about your E-Verify case, instructions and information about your rights. You must then decide whether you want to contest the TNC.
A Department of Homeland Security (DHS) or Social Security Administration (SSA) TNC means that the information your employer entered in E-Verify from your Form I-9, Employment Eligibility Verification, did not match DHS or SSA records. A DHS or SSA TNC case result does not mean that you are not authorized to work in the United States. An SSA Tentative Nonconfirmation may occur if:
- Your citizenship or immigration status changed since you last received your Social Security number.
- You changed your name but did not report the change to SSA.
- Your name, Social Security number or date of birth was recorded incorrectly in SSA records.
- There is another type of mismatch with your SSA record.
- Your employer did not enter your information correctly in E-Verify.
- The name you provided on your Form I-9, Employment Eligibility Verification, is not consistent with your name in SSA records.
A DHS Tentative Nonconfirmation may occur if:
- Your name, A-number, and/or I-94 number was recorded incorrectly in DHS records.
- Your U.S. Passport, Passport Card, driver’s license or state ID card information could not be verified.
- Your information was not updated in DHS records at the time your information was checked in E-Verify.
- Your citizenship or immigration status changed.
- There is another type of error on your DHS record.
- Your employer did not submit your information correctly to E-Verify.
The name you provided on your Form I-9, Employment Eligibility Verification, is not consistent with your name in DHS records.