E-Verify Requirement – Employer Action Required on Tentative Nonconfirmations within 10 Federal Government Working Days
E-Verify requires enrolled employers take action on Tentative Nonconfirmations (TNCs) for their employees within 10 federal government working days. Starting on November 5, 2020, E-Verify will begin notifying employers not in compliance with this legal requirement to take action to meet the requirement.
Having TNC cases that remain open and without action for an extended period of time may suggest that your users are either not referring TNC cases to the Social Security Administration or Department of Homeland Security when the employee chooses to take action to resolve the TNC, or are not closing the case when an employee chooses not to take action to resolve the TNC. Both of these are violations that may lead to compliance action, up to and including termination of your E-Verify account.
Completing the TNC process strengthens E-Verify system integrity and helps ensure employers close E-Verify cases according to program requirements. See Section 3.3 of the E-Verify User Manual.
Employers are reminded that if you receive a TNC result for your employee, you must complete the following steps in E-Verify within 10 federal government working days after issuance of the TNC result:
- Notify your employee of their TNC result as soon as possible within the 10 days.
- Give your employee a copy of the Further Action Notice.
- Review the Further Action Notice with your employee in private and have them confirm whether the information listed at the top is correct.
- If the information 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 your employee with the correct information.
- If the information is correct, proceed to the next step.
- Tell the employee he or she has to decide whether to take action on the TNC by the 10th day after TNC is issued.
- If your employee does not give you their decision by the end of the 10th federal government working day after E-Verify issued the TNC, then you close the case. Please see E-Verify User Manual for more information on closing cases in E-Verify.