USCIS Proposes Changes to E-Verify

July 16, 2015

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.

On June 8, 2015, USCIS published a Federal Register notice seeking public comments on proposed changes to E-Verify that will impact a number of Fredrikson & Byron, P.A.’s clients, including:

Three proposed enhancements

  • Final Nonconfirmation (FNC)—Allows employees to contest FNCs that they feel have been issued in error. This will be a new process allowing employees to request a review of their FNCs that will replace the current manual review process.
  • Reverification—Requires employers to use E-Verify to reverify employees whose work authorization has expired. These include employees who were hired before the employer signed the E-Verify Memorandum of Understanding (MOU).
  • Updated MOUs—Revises the E-Verify MOU to support proposed business processes.

Streamlined Tentative Nonconfirmation (TNC) Processes

  • Provides employees with greater access to E-Verify information. USCIS has simplified the TNC process to streamline the notice that an employer provides to the employee. USCIS has also drafted new email messages to communicate directly with the employee regarding Social Security Administration and Department of Homeland Security TNC notices.

The public will have 60 days to submit comments, until August 7, 2015. To comment, follow the instructions in the Federal Register notice, available at