What is a Tentative Non-Confirmation (TNC) in E-Verify?
A Tentative Non-Confirmation (TNC) occurs when information from an employee’s Form I-9 doesn’t match the records on file with the Department of Homeland Security (DHS) or the Social Security Administration (SSA). If this happens, employers are legally required to inform the employee about the discrepancy and follow specific steps to allow the employee a chance to resolve it. A TNC does not mean the employee is unauthorized to work; it simply indicates a mismatch in the provided information that requires further review.
Common Reasons for a Tentative Non-Confirmation (TNC)
A TNC can result from a variety of factors, including:
Name Changes: Discrepancies due to recent name changes, such as after marriage or divorce, that are not yet updated in SSA or DHS records.
Typos or Data Entry Errors: Mistakes in the data entry on Form I-9 can trigger a TNC.
Document Expiration: Use of expired documents or misreporting of document details.
Dual Mismatch: In some cases, a TNC may involve mismatches with both SSA and DHS records, known as a dual mismatch.
It’s important to note that TNCs are often resolved without issue, especially when caused by minor errors.
The TNC Process: What Happens Next?
When a TNC occurs, the employer must follow these steps to ensure compliance with E-Verify regulations:
Download the Further Action Notice
The employer must retrieve the Further Action Notice from E-Verify, which details the mismatch and includes the case number. This document is crucial for informing the employee of the TNC.Provide Notice to the Employee
The employer should present the Further Action Notice to the employee privately, allowing them to review the information and confirm its accuracy.Verify the Information
If the information is incorrect: If the employee identifies errors in the information, the employer should select the option in E-Verify that states the information is incorrect, close the case, and create a new case with the correct data.
If the information is correct: The employer should notify the employee that they have 10 federal business days to decide whether they wish to take steps to resolve the mismatch with the relevant agency.
Employee’s Decision
The employee can choose to:Attempt to resolve the mismatch by contacting SSA or DHS as needed.
Decline to take corrective action. If the employee chooses not to pursue resolution, the employer must close the case and, in compliance with the law, cannot continue employment.
Employer Actions Based on Employee Decision
If the employee attempts to resolve the TNC, the employer will be notified in E-Verify once the issue is resolved, allowing the employer to complete and close the case.
If the employee does not act within the 10-day period, E-Verify will close the case as non-confirmed, and the employer must rescind the employment offer.
ZipID’s Support in Handling Tentative Non-Confirmations
At ZipID, we simplify I-9 compliance, including handling special cases like TNCs:
Pause I-9s in Process: When a TNC occurs, we pause the I-9 completion process, allowing time to address the discrepancy.
Notification to Employers: We forward the Further Action Notice, along with the E-Verify case number, to the employer and initiate a 10-business-day timer to track the employee’s response.
Case Resolution Updates: If the employee provides the necessary data within the 10-day window to resolve the TNC, we update the employer in E-Verify to complete and close the case.
Non-Confirmation: If no response is received from the employee after 10 days, the case will close as non-confirmed in E-Verify, requiring the employer to retract the offer.
For more information on managing TNCs, you can review the federal government’s guide on TNCs.
Additional Resources
For further guidance, employers and employees can refer to:
The official E-Verify TNC Overview for detailed information on resolving TNCs.
ZipID’s support team for personalized assistance with I-9 compliance, ensuring smooth, compliant workflows for all employment verification needs.
At ZipID, we’re dedicated to making the I-9 and E-Verify processes as seamless as possible. Contact us to learn more about how we can support your compliance efforts and streamline your verification workflow!
4o