E-Verify Requirement - Employer Action Required on Tentative Nonconfirmations ("TNC") Within 10 Federal Government Working Days

This requirement applies to all E-Verify enrolled employers.

Starting on November 5, 2020, E-Verify will begin notifying employers not in compliance with this legal requirement that they must take action to meet the requirement.

As a reminder, the following steps must be taken once a TNC result is received for your employee:

  • Notify the employee of their TNC result as soon as possible within the 10 days.
  • Give the employee a copy of the Further Action Notice.
  • Review the Further Action Notice with the 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 that the information was not correct. After the case is closed, create a new case for the employee with the correct information.
  • If the information is correct, the employee must tell the employer that they do or do not want to take action to resolve. If there is no response by the end of the 10th federal government working day after E-Verify issued the TNC, the employer must close the case.

Failing to properly follow the above procedure within the timeframe specified could lead to termination of an employer's E-Verify account.

Please ensure you are checking your client portal for any open E-Verify cases and taking the necessary steps to resolve the case. For further information, please see below.

SOURCE: U.S. Citizenship and Immigration Services

Posted: October 21, 2020

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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