E-Verify works by comparing the information employees provide for Form I-9, Employment Eligibility Verification, against records available to SSA and DHS. Generally, if the information matches, the employee’s case receives an Employment Authorized result in E-Verify. If the information does not match, the case will receive a Tentative Nonconfirmation (TNC) result and the employer must give the employee an opportunity to take action to resolve the mismatch.
Employers must understand and follow the proper E-Verify procedures which are designed to ensure fair treatment and due process for all employees.
If E-Verify cannot instantly confirm employment eligibility, it must manually review government records. DHS will respond to most of these cases within 24 hours.
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.
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
IMPORTANT: Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the TNC, until the TNC 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 as noted in “Responsibilities of the Employer,” Article II, Section A paragraph 13 of the MOU. The case can be treated as a Final Nonconfirmation and the employer should close the case in E Verify.