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E-Verify Reminder: Responding to Tentative Nonconfirmations

On October 5, USCIS released a reminder that employers enrolled in E-Verify must take action on Tentative Nonconfirmations (TNCs) within 10 working days. Starting on November 5, employers who are out of compliance will begin receiving notices after 10 days urging them to take action on their employee’s TNC.

TNCs indicate a potential mismatch between the Form I-9, Employment Eligibility Verification and Social Security Administration (SSA) or Department of Homeland Security (DHS) records.

When employers receive a TNC, they must notify the employee; provide the employee with the Further Action Notice; privately review the Further Action Notice with the employee; and have the employee confirm the information listed.

If the information is incorrect, employers should close the case. A new case can then be opened for the employee. If the information was correct, employees must decide whether to respond within the 10-day window. If employees make no response by the 10th day, employers should close the case.

USCIS considers TNC cases that remain open and without action for an extended period of time to indicate a potential violation. These violations may lead USCIS to take action, including termination of E-Verify accounts.

View the reminder issued by USCIS here.

Please email immigrationinfo@cornerlaw.com if you have any questions.

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