The United States Citizenship and Immigration Services (USCIS) is making certain enhancements to its E-Verify Tentative Non-Confirmation (TNC) Communication process, effective September 9, 2013.
Employers who use an electronic I-9 solutions with direct E-Verify access will not be affected by these changes, at this time or the near future. However, those users who directly log-in to E-Verify and use the system will be affected immediately and may want to find out specific details on the USCIS web site.
Changes announced by USCIS include:
New Further Action Letter
USCIS will combine the previously separate Tentative Non-Confirmation (TNC) notice and referral letter into one document entitled Further Action Notice (FAN) going forward.
It notifies employees that a TNC has occurred and gives them the option to contest the information with an explanation of how to resolve an issue with either the U.S. Department of Homeland Security (DHS) or the Social Security Administration (SSA). The FAN will need to be signed by both the employer and employee and kept with the Form I-9.
Referral Date Confirmation
After an employee takes steps to resolve a record issue and once the employer refers the case to DHS or SSA, a new Referral Date Confirmation will be generated for the employer to give to their employee; it will include the deadline for the employee to contest the case.
According to information provided on a USCIS webinar early September 2013, if an employee has provided his/her email address and an E-verify TNC status is received, the employee will receive the following emails from the Department of Homeland Security (DHS), based on the context:
· Notification to employee, advising them of the issuance of TNC
· Notification to employee after their case has been referred to SSA or DHS by the employer (if an employee chooses to contest)
· Reminder email when the employee has not contacted DHS or SSA within four days of the date that the case was referred
· Courteous email reminder from E-verify requesting naturalized US Citizens to update SSA records, if a TNC was issued and resolved later.
HireRight I-9 customers can follow the existing TNC process for approximately six months, as currently estimated by USCIS. HireRight will follow-up with I-9 customers to provide further details when available.
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