PeopleMatter: E-Verify: How do I process a Tentative Nonconfirmation (TNC) case?

Overview

A Tentative Nonconfirmation (TNC) is received when either the Department of Homeland Security (DHS) or Social Security Administration (SSA) flags something entered on the I-9 as not matching their records.

You will be notified when an Employee receives a TNC in PeopleMatter. Learn how here: PeopleMatter: Updates to Tentative Nonconfirmations (TNC) Notifications

From the E-Verify site: SSA AND DHS TNCS

Depending on the situation, there are multiple ways to handle these cases. The chart below will show you how to handle the case based on the individual employee's situation

Fig.1 - How to handle a TNC case

Review the following details on how to handle the various scenarios.

1. To close a case and Correct Information
2. To close a case for a Separated Employee
3. To refer a TNC Case to DHS or SSA

Please note, on your EV dashboard, ensure you review all open TNCs including those for separated EEs by using this filter:

Fig.2 - Employment Status filter

1. To Close a Case and Correct Information

There are a few situations that may require you to close a TNC E-Verify case. If the data entered by the Administrator, Manager, or Employee is incorrect, you may need to make some corrections. After you have identified the corrections to make, complete the following.

• On the E-Verify Cases Dashboard, you will see a status of Tentative Nonconfirmation (DHS) or Tentative Nonconfirmation (SSA)

Fig.3 - TNC case

• Select Actions > Tentative Nonconfirmation (TNC) Process

Fig.4 - TNC case Actions

• On the Tentative Nonconfirmation Notice window, select Print Team Member TNC Further Action Notice. Print the form and have the employee read/sign the form for your records
• After the employee signs the form, select the checkbox indicating I have notified the team member of the E-Verify response, and have attached a copy of the Notice to the team member's record.

Fig.5 - TNC checkbox

• For 'Does the employee wish to contest the DHS TNC?' use the drop-down menu to select Yes, refer case or No, close the case
• Select No, close the case

Fig.6 - Statement selection box

• Select Submit Changes
• You will be prompted to provide an appropriate response, and the E-Verify Case is now closed.
• You will now need to make corrections to the I-9
  • Return to the Administrator WorkSpace or Home tab.  Click I-9 Documentation
  • Search for the employee again, but do not click on their name
  • Select Actions. Select Section 2: View/Edit I-9 Information

Fig.7 - Section 2 prompt

• Navigate to the portion of the I-9 that needs to be corrected:
• In Section 1, select Send back to employee for corrections
• In Section 2, edit the appropriate information and complete the I-9 as usual
  •  

2. To close the case for separated employees:

There are instances where an open E-Verify case will need to be closed because the employee will no longer work at your organization. The employee may not return or is using false information and cannot be hired.

• On the E-Verify Cases Dashboard, you will see a status of Tentative Nonconfirmation (DHS) or Tentative Nonconfirmation (SSA).

If you are unable to see the Employee - select Filter by Employment Status, Status = Inactive

• Select Actions - Tentative Nonconfirmation (TNC) Process

Fig.8 - Selecting Tentative Nonconfirmation (TNC) Process

Select the version of the FAN (Further Action notice) that you want to review.

• Select Download
• Check the box I have notified the Employee...
• Select No Action under the statement
• Select Submit Changes

Fig.9 - Downloading Further Action Notice

• Once you've submitted the case will have a Final Nonconfirmation status
• Select Close Case

Fig.10 - Select Close Case

• Lastly, select the closure reason as The case received a Final Nonconfirmation and is being closed with a reason of "Other"
• Type in the text box 'Other'
• Select Submit
• The case will now be marked with a status of Closed

Fig.11 - Closing case

3. To refer a TNC Case to DHS or SSA

A Tentative Nonconfirmation (TNC) case is issued by either the Department of Homeland Security (DHS) or the Social Security Administration (SSA). Once the employee and employer have reviewed the information and the employee has confirmed everything is correct, they can decide to contest the case. To do this, you will need to refer the case to the DHS or SSA. Once referred, the employee has 8 federal work days to contact the DHS or the SSA. 

The employee must be allowed to continue working while they resolve the mismatch. In addition, an employer may not take any adverse actions, such as delaying training or reducing work hours, against an employee because of the “DHS TNC" or "SSA TNC” while their case is in an "Employee Referred to DHS or SSA" status.

If the employee does not contact DHS, E-Verify will automatically change the employee's case status to "DHS No Show" after 10 Federal Government working days have passed since the case was referred.

Please note: Federal government working days are Monday through Friday (except for federal holidays).

Only after an employee receives a "DHS No Show" or "DHS Final Nonconfirmation" may the employer terminate the employee based on E-Verify.  

Follow these steps to refer the case

• On the E-Verify Cases Dashboard, you will see a status of Tentative Nonconfirmation (DHS) or Tentative Nonconfirmation (SSA)

Fig.12 - E-Verify Cases Dashboard Status

•  Select Actions > Tentative Nonconfirmation (TNC) Process

Fig.13 - Select Tentative Nonconfirmation (TNC) Process

• On the Tentative Nonconfirmation Notice window, select Print Team Member TNC Further Action Notice
• Print the form and have the employee read/sign the form for your records
• After the employee signs the form, select the checkbox indicating I have notified the team member of the E-Verify response, and have attached a copy of the Notice to the team member's record

Fig.14 - Print TNC Notice

• For Does the employee wish to contest the DHS TNC?
• Use the drop-down menu to select Yes, refer case

Fig.15 - Refer case

• Select Submit Changes
• The employee has 8 federal business days to reach out to the SSA or DHS

Please note: Federal government working days are Monday through Friday (except for federal holidays).

Additional Resources:

USCIS Website for SSA and DHS TNC
USCIS Website for Tentative Nonconfirmation