USCIS identifies 5 ways to update or correct immigration records, depending on which document must be changed. Employees should be aware of each of these ways, especially after the resolution of an E-Verify Tentative Nonconfirmation (TNC). E-Verify is an online database that employers can use to confirm the employment eligibility of newly hired employees. The employer representative submits information provided on the Form I-9 to compare with government databases. A mismatch of information results in a TNC, of which the employer must alert the employee to take steps to resolve. Notably, the employee is allowed to work until the TNC is resolved.
TNCs may be issued because the employee’s immigration records themselves are inaccurate. Correcting these inaccuracies can prevent future TNCs and other employment and immigration-related issues down the road. After resolving a TNC, USCIS recommends to the employee the following methods to correct any inaccuracies in his or her immigration records:
(1) Contact USCIS to correct Form I-551 (Lawful Permanent Resident card) or Form I-766 (EAD card). The employee may schedule an appointment for an in-person interview at a local USCIS office on the Infopass website or call 1-800-375-5283.
(2) Submit a Privacy Act Amendment Request in writing. The written request should include (a) the reason the employee is submitting the request; (b) the information that is inaccurate; (c) proposed changes to the record; (d) date and place of birth; (e) a return address; (f) copies of the inaccurate immigration or citizenship document; (g) reason it is inaccurate; (g) A-File number and/or the full name; (h) notarized signature of the applicant; and (i) other information that may help locating the record. The request is submitted to the Freedom of Information Act/Privacy Act (FOIA/PA) office:
Privacy Act Amendment
National Records Center
P.O. Box 648010
Lee’s Summit, MO 64064-8010
If the employee does not know the information that needs to be corrected, he or she may submit Form G-639, FOIA/PA request, to obtain his or her records. The Form can be downloaded off the USCIS website. The Form should be sent to the address above and the envelope marked with “Privacy Act Request” rather than “Privacy Act Amendment.”
(3) Contact USCIS or CBP to correct a Form I-94. If the inaccuracy is on an USCIS-issued I-94, the employee can call 1-800-375-5283. If it is on a CBP-issued I-94 (i.e., one issued when the employee entered the US), the employee must visit a local CBP Deferred Inspection Site, Port of Entry, or Port of Admission. A list of these locations is available online at the CBP website (click the “Ports” link at the bottom of the page).
(4) Visit the USCIS website for information on how to renew or replace an immigration document.
(5) Contact the Student and Exchange Visitor Program (SEVP). If the employee is a student or exchange visitor, he or she can visit the ICE website for information on how to update records for students or exchange visitors.
For more information, please read through USCIS’s Fact Sheet on the topic.