Enforcement of E-Verify Standards

Recent developments indicate that the Department of Homeland Security (Department) is leaning toward more strictly enforcing timelines associated with E-Verify Tentative Nonconfirmations (TNCs)

Standards regarding TNCs were relaxed as part of the Department's COVID-19 Flexibilities announced in March, 2020. However, this past November E-Verify halted extensions for employers and began enforcing normal TNC timeline requirements as listed below:

    • Within 10 federal workdays upon receipt of a TNC, employers must notify the affected employee via a Further Action Notice, instructing the individual to contact the appropriate government agency.
      • If the employee does not respond or declines to contest the TNC, the employer must note this selection in E-Verify by closing the case within 10 federal government workdays
      • TNCs remaining open in excess of 10 federal government workdays may classify the employer as acting out of accordance with stated requirements. Such scenarios may be further identified as policy violations, qualifying for compliance action which may include termination of the employer's E-Verify account.

Notably, USCIS has not rescinded the extended timeframe for employees to take action to resolve Department of Homeland Security (DHS) TNCs in limited circumstances when an employee cannot resolve a TNC due to public or private office closures.

The Department has issued notifications to employers with TNCs open past the 10-day window, requesting resolution and reminding the employer of potential consequences for lack of compliance. After 30 days, if sufficient efforts to rectify the situation are not demonstrated by the employer, the Department reserves the right to terminate an employer's access to E-Verify.

Employers are encouraged to remain current on changes in timelines and other standards to E-Verify while also remaining cognizant as to the status of internal employee TNCs.

Posted: August 23, 2021

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