E-Verify Extends Timeframe for Taking Action to Resolve Tentative Nonconfirmations

E-Verify is extending the timeframe to take action to resolve Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) due to SSA office closures to the public. E-Verify is also extending the timeframe to take action to resolve Department of Homeland Security (DHS) TNCs in limited circumstances when an employee cannot resolve a TNC due to public or private office closures. 

For background, E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility.A Tentative Nonconfirmation is received when either DHS or SSA flags something entered on the I-9 as not matching their records.

It is important to note that employers must notify the employee about the TNC result as soon as possible. After the employee is notified of the TNC and decides whether to take action to resolve it, the employee should acknowledge the decision on the Further Action Notice, and the employer should notify E-Verify of the employee’s decision. Employees who choose not to take action to resolve a TNC are referred to SSA and/or DHS. Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status. 

E-Verify has implemented the following temporary policies to minimize the burden on both employers and employees in this national emergency:

• Employers are still required to create cases for their new hires within three business days from the date of hire.
• Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason.
• Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.

E-Verify Contact Center representatives are still available. Employers will still be able to access their E-Verify accounts and:

• Enroll in E-Verify;
• Create E-Verify cases;
• Add, delete or edit any user account;
• Reset passwords;
• Edit company information;
• Terminate accounts; and
• Run reports or view any information about an account or case.

Similarly, DHS has also announced flexibility in Form I-9 requirements for employers. To learn more about that, please visit our blog. 

If you have questions on E-Verify or other questions on how the COVID-19 national emergency is going to impact your foreign national employees, be sure to call Berardi Immigration Law today!