• New E-Verify Function Notifies Employees of a Record Mismatch
  • July 16, 2013
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • USCIS is enhancing E-Verify to allow for direct notification to employees when their employment verification information cannot be confirmed against government databases. Notice of the mismatch - known as a tentative nonconfirmation (TNC) - will be provided as long as the employee has provided an email address on Form I-9. Notwithstanding the new functionality, employers are still required to notify the affected employee when a TNC is received.

    In the E-Verify system, if there is a mismatch between information provided by an employee and government databases, a TNC is issued to the employer, who must then contact the affected employee. With the new enhancement, E-Verify will notify both the employer and the affected employee. If the employee decides to take action to resolve the discrepancy, he or she must notify the employer, who will notify the relevant government agency, either the Social Security Administration for U.S. Citizens or the Department of Homeland Security for foreign nationals.

    In addition to providing the initial notice of a TNC, E-Verify will send reminder emails to the employee if no action to resolve the mismatch has occurred within four days of his or her decision to take action on the TNC.

    This latest enhancement to E-Verify comes in the wake of the recent revision to Form I-9, which gives new hires the option to include an email address on the form.