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

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

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:

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)

•  Click Actions.  Click Tentative Nonconfirmation (TNC) Process

• On the Tentative Nonconfirmation Notice window, click 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, click on 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."

• 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.  Click No, close the case

• Click 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
  • Click Actions.  Click Section 2: View/Edit I-9 Information

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

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

• Select the version of the FAN (Final Action notice) that you want to review,
• Click Download, select the checkbox 'I have notified the Employee..."
• Select 'No Action' under the statement
• Click Submit

• Once you've submitted the case will have a Final Nonconfirmation status
• 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'
• Click Submit
• The case will now be marked with a status of Closed

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 he or she resolves 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 his or her case is in a "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. 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)

•  Click Actions.  Click Tentative Nonconfirmation (TNC) Process

• On the Tentative Nonconfirmation Notice window, click 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, click on 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."

• 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.  Click Yes, refer case

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