E-Verify Reminds Employers Not to Terminate Employees Based on Tentative SSA/DHS Nonconfirmations

November 29, 2018

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.

E-Verify has issued a reminder that employers may not terminate employees because of a Tentative Nonconfirmation (TNC) until the Social Security Administration (SSA) and/or Department of Homeland Security (DHS) has reviewed the case and the TNC becomes a Final Nonconfirmation.

A DHS or SSA TNC means that the information the employer entered in E-Verify from a Form I-9, Employment Eligibility Verification, did not match records available to DHS or SSA. A DHS or SSA TNC case result does not necessarily mean that a person is not authorized to work in the United States. The employer must give the employee an opportunity to take action to resolve the mismatch. If E-Verify cannot instantly confirm employment eligibility, it must manually review government records. E-Verify will try to do this within 48 hours to let the employer know whether or not the employee is authorized to work.

It is possible for E-Verify to issue a dual TNC, which means the case received a TNC result from both agencies at the same time because information entered into E-Verify does not match records available to both SSA and DHS. E-Verify identifies the agency or agencies associated with the mismatch in the TNC Further Action Notice.

E-Verify noted that a TNC for an information mismatch against SSA records may result because:

  • The employee has not updated his or her citizenship or immigration status with SSA
  • The employee did not report a name change to SSA
  • The employee’s name, Social Security number, or date of birth is incorrect in SSA records
  • SSA records contain another type of mismatch
  • The employer entered the employee’s information incorrectly in E-Verify

A case can result in a TNC with DHS because the employee’s:

  • Name, Alien Number, Form I-94 number. and/or foreign passport number are incorrect in DHS records
  • U.S. passport, passport card, driver’s license, state ID, or foreign passport information could not be verified
  • Information was not updated in the employee’s DHS records
  • Citizenship or immigration status changed
  • Record contains another type of error
  • Information was entered incorrectly in E-Verify by the employer

Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of a TNC until it becomes a Final Nonconfirmation.

If the employee chooses not to take action on the TNC, the employer may terminate employment with no civil or criminal liability, E-Verify said. The case can be treated as a Final Nonconfirmation and the employer should close the case in E-Verify.