USCIS Reminds Employers Using E-Verify Not to Terminate Employees for Tentative Nonconfirmations

E-Verify for People

Written By ESR News Blog Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) is reminding employers using E-Verify that they may not terminate or take adverse action against employees because of Tentative Nonconfirmations (TNC) until after the Social Security Administration (SSA) or Department of Homeland Security (DHS) have reviewed the case and the TNC becomes a Final Nonconfirmation, according to the “What’s New” page on the E-Verify website.

Employers using E-Verify may use these resources for more information about TNCs: E-Verify User Manual, Common E-Verify Questions page, Tentative Nonconfirmations page, Tentative Nonconfirmation (TNC) Overview page, Employer Resources page, and Job Aid for E-Verify Users. Employers can subscribe to a mailing list, follow @EVerify on Twitter, and send feedback about their experiences on E-Verify Listens.

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the ‘Form I-9, Employment Eligibility Verification’ against records available to the SSA and the DHS.

E-Verify is a voluntary program. However, employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause are required to enroll in E-Verify as a condition of federal contracting. Employers may also be required to participate in E-Verify if their states have legislation mandating the use of E-Verify, such as business licensing, or as a result of a legal ruling.

In August 2018, ESR News reported that legislation was introduced in Congress that would require all employers to use E-Verify to ensure employees are authorized to work in the U.S. legally. The E-Verify System Act of 2018 (S.3386) would allow employers to electronically verify the identity and work eligibility of new employees by comparing information on the Form I-9 to DHS and SSA records.

ESR Offers E-Verify Solutions for Employers

All U.S. employers must ensure proper completion of the Form I-9 for each individual they hire for work. Employment Screening Resources® (ESR) – a leading global background check firm – offers Form I-9 and E-Verify solutions that help employers to verify work status and electronically capture and retain Form I-9 information. To learn more, please visit www.esrcheck.com/Background-Checks/Form-I-9-E-Verify/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2018 Employment Screening Resources® (ESR) – Making copies or using of any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.