E-Verify Updated Further Action Notice, New Fact Sheet Released

Author: Melissa A. Silver, XpertHR Legal Editor

February 28, 2014

The Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS) recently announced its release of an updated tentative nonconfirmation (TNC) further action notice.

An employer may initially receive a TNC result when confirming an individual's employment eligibility through E-Verify if an individual's employment eligibility information does not match the information in DHS's records. If the employer receives a TNC result it does not necessarily mean that the employee is unauthorized to work in the US. For example, a TNC result could be caused by a photographic mismatch, meaning the employer indicated that the photograph displayed by E-Verify did not match the photograph on the employee's document.

When an employer receives a TNC result it must provide the affected employee with a further action notice, which includes:

  • The employee's biographical information;
  • The reason for the TNC;
  • The employee's decision to contest the TNC; and
  • Instructions for the employee to contest a TNC.

The further action notice was recently updated to include information for employees on correcting immigration records once a DHS TNC result has been resolved so that employees can avoid future DHS TNC results. The further action notice directs the employee to the How to Correct Your Immigration Records after Resolving a Tentative Nonconfirmation in E-Verify Fact Sheet for more detailed instructions. The Fact Sheet is available in 18 languages.

In particular, the Fact Sheet includes the following actions that an employee should take to correct his or her immigration records:

  • Contacting USCIS to correct the Form I-551, Lawful Permanent Resident Card or Form I-766, employment authorization document;
  • Submitting a Privacy Act amendment request in writing;
  • Contacting USCIS or Customs and Border Protection (CBP) to correct the Form I-94, Arrival-Departure Record;
  • Visiting the USCIS web site at www.uscis.gov for information on how to renew or replace an immigration document; or
  • Contacting the Student and Exchange Visitor Program (SEVP).

Going forward, employers should share the Fact Sheet with employees who receive a DHS TNC result. However, employers are not required to provide the Fact Sheet to employees who previously received such a result.