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While the pandemic wreaked havoc on many immigration processes and has resulted in some breaks in employers’ I-9 compliance, E-Verify program obligations for employment eligibility verification have not been relaxed. E-Verify requires all subscribed employers to take action on cases designated as “tentative nonconfirmation case” (TNC) for their employees within 10 federal government working days. Even the ongoing closure of the Social Security Administration offices does not affect this requirement. Employers should complete the following steps in E-Verify database within 10 federal government working days upon a TNC designation:

  • Notify the affected employee of their TNC result as soon as possible (and within the 10 days);
  • Give the employee a copy of the Further Action Notice issued by E-Verify;
  • Review the Further Action Notice with the employee individually 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 they must decide whether to take action on the TNC by the 10th day after TNC is issued;
  • If the employee chooses to take action on the TNC, select the appropriate option in E-Verify and provide the employee with their Referral Date Confirmation which sets out details on the next step they must take;
  • If the employee chooses not to take action, employer should select the appropriate option in E-Verify and close the case;
  • Reminder: E-Verify User Manual provided by the government to all E-Verify subscribers provides more information on confirming the employee’s TNC decision.

If the employee does not come back with a decision on whether he/she plans to take action on the TNC by the end of the 10th federal government working day after E-Verify issued the TNC, employer should close the case.

Importantly, if the employee no longer works for the employer or their TNC is a duplicate case, the employer is still required to close their TNC case in E-Verify. Employers should not delay closing cases and should close all cases as soon as possible. E-Verify User Manual provides specific guidance on closing cases in E-Verify.