E-Verify - Tentative Nonconfirmations

E-Verify requires enrolled employers to take action on Tentative Nonconfirmations (TNCs) for their employees within 10 federal government working days. Starting on November 5, 2020, E-Verify will begin notifying employers not in compliance with this legal requirement.

If you receive a TNC result for your employee, you must complete the following steps within 10 days:

• Notify your employee of the TNC result and provide him/her with a copy of the Further Action Notice as soon as possible. Review the notice with your employee in private and have him/her confirm whether the information listed at the top of the Further Action Notice is correct.

• If the information is incorrect, instruct ESS to close the case and to create a new case for your employee with the correct information.

• If the information is correct, the employees must decide whether to take action on the TNC within 10 days.


• If your employee chooses not to take action on the TNC or does not give you their decision by the end of the 10th day, instruct ESS to close the case, indicating that the employee will not take action to resolve it. When an employee refuses to take action on a TNC, E-Verify updates the case status to "Final Nonconfirmation."

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.

As a reminder, it is important for you to comply with these requirements. Under our agreement with the Department of Homeland Security, ESS must take corrective action when our customers fall out of compliance, including suspension of our E-Verify services. Employers will still be able to access E-Verify directly to fulfill their legal obligations even when their services are suspended with ESS.

Click here for more information on TNCs from E-Verify.

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